March 30, 2000

Journal of the Senate

FIFTY-SEVENTH DAY
______
Senate Chamber, Topeka, Kansas
Thursday, March 30, 2000--9:00 a.m.
 The Senate was called to order by Vice-President Alicia L. Salisbury.

 The roll was called with forty senators present.

 Vice-President Salisbury introduced as guest chaplain Father Mike Mullen, St. Patrick's
Catholic Church, Kansas City, Kansas, who delivered the invocation:

     It is a privilege to be alive in the year 2000 and to be in a position to influence the future.
Gracious God we thank you for this opportunity. We thank you for our senators and their
staffs who guide us as we begin this new period of history. We thank you for the faculty,
students, and parents of St. Patrick School in Kansas City and for the other guests and
visitors here today who will learn about our government, how it functions, and the values it
espouses. We thank you, God, for this moment.

     We ask you, Lord, to guide our senators and all public officials this day and in all they
do in service to the people of Kansas. Share with our leaders, Lord, your wisdom and truth.
Inspire them and all of us to promote the dignity of human life from conception to natural
death and to enact legislation that serves the common good of all. Make us especially mindful
of the concerns of the poor and those most in need.

     We pray, Lord that our senators will receive appreciation for their service to all of us. In
this election year may the call to public service be one that our youth respect, one to which
they aspire. Together may all we do make your kingdom, Lord, a reality on earth, this we
pray through Christ Our Lord and in the Holy Sprit.

    Amen

REFERENCE OF BILLS AND CONCURRENT RESOLUTIONS
 The following bills were referred to Committees as indicated:

     Assessment and Taxation: HB 2721.

 Ways and Means: HB 3042.

MESSAGE FROM THE GOVERNOR
March 28, 2000
  Message to the Senate of the State of Kansas:

 Enclosed herewith is Executive Order No. 00-05 for your information.

                                                                                      Bill Graves

                                                                                    Governor

   The Vice-President announced Executive Order No. 00-05, Establishing the Lewis &
Clark Bicentennial Commission, is on file in the office of the Secretary of the Senate and
is available for review at anytime.

MESSAGE FROM THE HOUSE
 Announcing, the House nonconcurs in Senate amendments to HB 2570, requests a
conference and has appointed Reps. Wilk, Horst and Sharp as conferees on the part of the
House.

 The House nonconcurs in Senate amendments to HB 3005, requests a conference and
has appointed Reps. Adkins, Neufeld and Reardon as conferees on the part of the House.

CONSIDERATION OF MOTIONS TO CONCUR OR NONCONCUR
 On motion of Senator Kerr the Senate nonconcurred in the House amendments to SB
481 and requested a conference committee be appointed.

 The Vice-President appointed Senators Kerr, Hardenburger and Gooch as a conference
committee on the part of the Senate.

INTRODUCTION OF ORIGINAL MOTIONS AND SENATE RESOLUTIONS
 Senator Salmans introduced the following Senate resolution, which was read:

      SENATE RESOLUTION No. 1834--

A  RESOLUTION congratulating and commending Ruth Olinger.
      WHEREAS,  Ruth Olinger is 100 years old having been born September 19, 1899, in
Raymond, Kiowa County, Kansas. To put her life in perspective, she was three years old
when the Wright brothers first flew an airplane and 12 when the Titanic sank; and

      WHEREAS,  Ruth Olinger married Edward Lincoln Olinger in 1920. They had nine
children, eight of whom are living. She has 33 grandchildren, 29 great-grandchildren and
11 great-great-grandchildren; and

      WHEREAS,  Ruth Olinger was always ready to provide warm water for washing and a
sandwich to the hobos who came to her back door during the depression years of the 1930's.
After World War II she was active in helping veterans obtain benefits based on their war
service. She was instrumental in getting the first school lunch program established in Butler
County and was active in 4-H and church programs; and

      WHEREAS,  Through the years she has written poetry and a column for the local
newspaper. At 98 years of age she was made an honorary member of the Library of Congress
based on her article proclaiming Kiowa County as the breadbasket of the world: Now,
therefore,

      Be it resolved by the Senate of the State of Kansas: That we congratulate and commend
Ruth Olinger for her long and productive life; and

      Be it further resolved: That the Secretary of the Senate be directed to provide an
enrolled copy of this resolution to Senator Salmans.

   On emergency motion of Senator Salmans SR 1834 was adopted unanimously.

   Ruth Olinger was a guest in the Senate and was introduced and welcomed by the Senators.

COMMITTEE OF THE WHOLE
 On motion of Senator Emert, the Senate resolved itself into Committee of the Whole,
for consideration of bills on the calendar under the heading of General Orders with Senator
Jordan in the chair.

   Recommended HB 2603 be passed.

 Sub HB 2323; HB 2799 be passed over and retain a place on the calendar.

   On motion of Senator Emert, the Senate recessed until 2:00 p.m.

______
Afternoon Session
 The Senate met pursuant to recess with Vice-President Salisbury in the chair.

CHANGE OF REFERENCE
 The Vice-President withdrew SB 547 from the Calendar under the heading of General
Orders, and rereferred the bill to the Committee on Financial Institutions and Insurance.

 The Vice-President withdrew HB 3020 from the Committee on Commerce, and referred
the bill to the Committee on Federal and State Affairs.

MESSAGE FROM THE GOVERNOR
 SB 423, 426, 441, 472, 473, 488, 640 approved on March 29, 2000.

MESSAGE FROM THE HOUSE
 Announcing passage of HB 2857, 3021, 3025.

 Passage of SB 24, 588, 657.

 Also, passage of SB 380, as amended, 432, as amended.

 Adoption of SCR 1606.

 The House concurs in Senate amendments to HCR 5070.

 The House concurs in Senate amendments to Senate Substitute HB 2561 and requests
the Senate to return the bill.

 The House announces the appointment of Rep. Ballard to replace Rep. Reardon as a
conferee on HB 3005.

 Announcing, the House nonconcurs in Senate amendments to Substitute HB 2605,
requests a conference and has appointed Reps. Wilk, Horst and Sharp as conferees on the
part of the House.

 The House nonconcurs in Senate amendments to HB 2772, requests a conference and
has appointed Reps. O'Neal, Carmody and Pauls as conferees on the part of the House.

 The House nonconcurs in Senate amendments to HB 2805, requests a conference and
has appointed Reps. O'Neal, Carmody and Pauls as conferees on the part of the House.

INTRODUCTION OF HOUSE BILLS AND CONCURRENT RESOLUTIONS
 HB 2857, 3021, 3025 were thereupon introduced and read by title.

ORIGINAL MOTION
 On motion of Senator Kerr, the Senate acceded to the request of the House for a
conference on HB 2570.

 The Vice-President appointed Senators Bond, Jordan and Petty as conferees on the part
of the Senate.

 On motion of Senator Kerr, the Senate acceded to the request of the House for a
conference on Sub HB 2605

 The Vice-President appointed Senators Salisbury, Kerr and Petty as conferees on the part
of the Senate.

 On motion of Senator Emert, the Senate acceded to the request of the House for a
conference on HB 2772

 The Vice-President appointed Senators Emert, Vratil and Goodwin as conferees on the
part of the Senate.

 On motion of Senator Emert, the Senate acceded to the request of the House for a
conference on HB 2805.

 The Vice-President appointed Senators Emert, Vratil and Goodwin as conferees on the
part of the Senate.

 On motion of Senator Praeger, the Senate acceded to the request of the House for a
conference on HB 3005.

 The Vice-President appointed Senators Praeger, Salmans and Feleciano as conferees on
the part of the Senate.

CONFERENCE COMMITTEE REPORT
 Mr. President and Mr. Speaker: Your committee on conference on Senate
amendments to Senate Substitute for HB 2476, submits the following report:

      The House accedes to all Senate amendments to the bill, and your committee on
conference further agrees to amend the bill, as printed as Senate Substitute for House Bill
No. 2476, as follows:

      On page 1, in line 37, by striking the comma, where it appears the second time, and
inserting ``and''; in line 38, by striking ``and Washburn university''; following line 39, by
inserting the following:

      ``(C) for Washburn university, an aggregate amount of at least $300,000;'';

      Also on page 1, in line 40, by striking ``(C)'' and inserting ``(D)''; in line 42, by striking
``(D)'' and inserting ``(E)'';

      On page 2, in line 36, by striking ``Upon'' and inserting ``Except as otherwise provided in
this subsection, upon''; in line 42, after the period by inserting: ``The state board of regents
shall not make any certification to the director of accounts and reports under this subsection
prior to July 1, 2001.'';

      On page 4, in line 36, by striking ``July''; in line 37, by striking ``1, 2001, and'';

                                                                                           And your committee on conference recommends the adoption of this report.

                                                                                    Dave Kerr

                                                                                    Barbara Lawrence

                                                                                    Marge Petty
 Conferees on the part of Senate
                                                                                   

                                                                                    Ralph M. Tanner

                                                                                    Cindy Empson

                                                                                    Eber Phelps
 Conferees on part of House


   Senator Kerr moved the Senate adopt the Conference Committee Report on S Sub for
HB 2476.

 On roll call, the vote was: Yeas 40, Nays 0, Present and Passing 0, Absent or Not Voting
0.

 Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Downey,
Emert, Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Hensley,
Huelskamp, Jones, Jordan, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty,
Praeger, Pugh, Ranson, Salisbury, Salmans, Steffes, Steineger, Stephens, Tyson, Umbarger,
Vidricksen, Vratil.

 The Conference Committee report was adopted.

CONFERENCE COMMITTEE REPORT
      Mr. President and Mr. Speaker: Your committee on conference on Senate
amendments to HB 2860, submits the following report:

      The Senate recedes from all of its amendments to the bill;

                                                                                           And your committee on conference recommends the adoption of this report.

                                                                                    David R. Corbin

                                                                                    Stephan R. Morris

                                                                                    Donald E. Biggs
 Conferees on the part of Senate
                                                                                   

                                                                                    Joann Freeborn

                                                                                    Gerry Ray

                                                                                    Vaughn L. Flora
 Conferees on part of House


   Senator Corbin moved the Senate adopt the Conference Committee Report on HB 2860.

 On roll call, the vote was: Yeas 38, Nays 2, Present and Passing 0, Absent or Not Voting
0.

 Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Downey,
Emert, Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Hensley, Jones,
Jordan, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Praeger, Pugh, Ranson,
Salisbury, Salmans, Steffes, Steineger, Stephens, Umbarger, Vidricksen, Vratil.

 Nays: Huelskamp, Tyson.

 The Conference Committee report was adopted.

CONFERENCE COMMITTEE REPORT
      Mr. President and Mr. Speaker: Your committee on conference on Senate
amendments to HB 2883, submits the following report:

      The House accedes to all Senate amendments to the bill, and your committee on
conference further agrees to amend the bill, as printed with Senate Committee
amendments, as follows:

      On page 1, in line 28, by striking ``Intentionally failing'' and inserting ``The failure''; in
line 30, by striking ``intentionally'';

                                                                                           And your committee on conference recommends the adoption of this report.

                                                                                    Ben Vidricksen

                                                                                    Nick Jordan

                                                                                    Mark Gilstrap
 Conferees on the part of Senate
                                                                                   

                                                                                    Gary K. Hayzlett

                                                                                    John Ballou

                                                                                    Janice L. Pauls
 Conferees on part of House


   Senator Vidricksen moved the Senate adopt the Conference Committee Report on
HB 2883.

 On roll call, the vote was: Yeas 40, Nays 0, Present and Passing 0, Absent or Not Voting
0.

 Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Downey,
Emert, Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Hensley,
Huelskamp, Jones, Jordan, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty,
Praeger, Pugh, Ranson, Salisbury, Salmans, Steffes, Steineger, Stephens, Tyson, Umbarger,
Vidricksen, Vratil.

 The Conference Committee report was adopted.

CONFERENCE COMMITTEE REPORT
      Mr. President and Mr. Speaker: Your committee on conference on Senate
amendments to HB 2884, submits the following report:

      The Senate recedes from all of its amendments to the bill;

                                                                                           And your committee on conference recommends the adoption of this report.

                                                                                    Ben Vidricksen

                                                                                    Nick Jordan

                                                                                    Mark Gilstrap
 Conferees on the part of Senate
                                                                                   

                                                                                    Gary K. Hayzlett

                                                                                    John Ballou

                                                                                    Bruce Larkin
 Conferees on part of House


   Senator Vidricksen moved the Senate adopt the Conference Committee Report on
HB 2884.

 On roll call, the vote was: Yeas 38, Nays 2, Present and Passing 0, Absent or Not Voting
0.

 Yeas: Barone, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Downey, Emert,
Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Hensley, Huelskamp,
Jones, Jordan, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Praeger, Pugh,
Ranson, Salisbury, Salmans, Steffes, Steineger, Stephens, Tyson, Umbarger, Vidricksen.

 Nays: Becker, Vratil.

 The Conference Committee report was adopted.

REPORTS OF STANDING COMMITTEES
 Committee on Judiciary recommends SB 665 be amended on page 1, in line 15, after
``Section 1.'', by inserting the following:

      ``On and after July 1, 2000, K.S.A. 1999 Supp. 21-4603d is hereby amended to read as
follows: 21-4603d. (a) Whenever any person has been found guilty of a crime, the court may
adjudge any of the following:

      (1) Commit the defendant to the custody of the secretary of corrections if the current
crime of conviction is a felony and the sentence presumes imprisonment, or the sentence
imposed is a dispositional departure to imprisonment; or, if confinement is for a
misdemeanor, to jail for the term provided by law;

      (2) impose the fine applicable to the offense;

      (3) release the defendant on probation if the current crime of conviction and criminal
history fall within a presumptive nonprison category or through a departure for substantial
and compelling reasons subject to such conditions as the court may deem appropriate. In
felony cases except for violations of K.S.A. 8-1567 and amendments thereto, the court may
include confinement in a county jail not to exceed 30 days, which need not be served
consecutively, as a condition of probation or community corrections placement;

      (4) assign the defendant to a community correctional services program in presumptive
nonprison cases or through a departure for substantial and compelling reasons subject to
such conditions as the court may deem appropriate, including orders requiring full or partial
restitution;

      (5) assign the defendant to a conservation camp for a period not to exceed six months
as a condition of probation followed by a six-month period of follow-up through adult
intensive supervision by a community correctional services program, if the offender
successfully completes the conservation camp program;

      (6) assign the defendant to a house arrest program pursuant to K.S.A. 21-4603b and
amendments thereto;

      (7) order the defendant to attend and satisfactorily complete an alcohol or drug
education or training program as provided by subsection (3) of K.S.A. 21-4502 and
amendments thereto;

      (8) order the defendant to repay the amount of any reward paid by any crime stoppers
chapter, individual, corporation or public entity which materially aided in the apprehension
or conviction of the defendant; repay the amount of any costs and expenses incurred by any
law enforcement agency in the apprehension of the defendant, if one of the current crimes
of conviction of the defendant includes escape, as defined in K.S.A. 21-3809 and
amendments thereto or aggravated escape, as defined in K.S.A. 21-3810 and amendments
thereto; or repay the amount of any public funds utilized by a law enforcement agency to
purchase controlled substances from the defendant during the investigation which leads to
the defendant's conviction. Such repayment of the amount of any such costs and expenses
incurred by a law enforcement agency or any public funds utilized by a law enforcement
agency shall be deposited and credited to the same fund from which the public funds were
credited to prior to use by the law enforcement agency;

      (9) order the defendant to pay the administrative fee authorized by K.S.A. 1999 Supp.
22-4529 and amendments thereto, unless waived by the court;

      (10) impose any appropriate combination of (1), (2), (3), (4), (5), (6), (7), (8) and (9);
or

      (11) suspend imposition of sentence in misdemeanor cases.

      In addition to or in lieu of any of the above, the court shall order the defendant to pay
restitution, which shall include, but not be limited to, damage or loss caused by the
defendant's crime, unless the court finds compelling circumstances which would render a
plan of restitution unworkable. If the court finds a plan of restitution unworkable, the court
shall state on the record in detail the reasons therefor.

      If the court orders restitution, the restitution shall be a judgment against the defendant
which may be collected by the court by garnishment or other execution as on judgments in
civil cases. If, after 60 days from the date restitution is ordered by the court, a defendant is
found to be in noncompliance with the plan established by the court for payment of
restitution, and the victim to whom restitution is ordered paid has not initiated proceedings
in accordance with K.S.A. 60-4301 et seq. and amendments thereto, the court shall assign
an agent procured by the attorney general pursuant to K.S.A. 75-719 and amendments
thereto to collect the restitution on behalf of the victim. The administrative judge of each
judicial district may assign such cases to an appropriate division of the court for the conduct
of civil collection proceedings.

      In addition to or in lieu of any of the above, the court shall order the defendant to submit
to and complete an alcohol and drug evaluation, and pay a fee therefor, when required by
subsection (4) of K.S.A. 21-4502 and amendments thereto.

      In addition to any of the above, the court shall order the defendant to reimburse the
county general fund for all or a part of the expenditures by the county to provide counsel
and other defense services to the defendant. Any such reimbursement to the county shall
be paid only after any order for restitution has been paid in full. In determining the amount
and method of payment of such sum, the court shall take account of the financial resources
of the defendant and the nature of the burden that payment of such sum will impose. A
defendant who has been required to pay such sum and who is not willfully in default in the
payment thereof may at any time petition the court which sentenced the defendant to waive
payment of such sum or any unpaid portion thereof. If it appears to the satisfaction of the
court that payment of the amount due will impose manifest hardship on the defendant or
the defendant's immediate family, the court may waive payment of all or part of the amount
due or modify the method of payment.

      In imposing a fine the court may authorize the payment thereof in installments. In
releasing a defendant on probation, the court shall direct that the defendant be under the
supervision of a court services officer. If the court commits the defendant to the custody of
the secretary of corrections or to jail, the court may specify in its order the amount of
restitution to be paid and the person to whom it shall be paid if restitution is later ordered
as a condition of parole or conditional release.

      When a new felony is committed while the offender is incarcerated and serving a sentence
for a felony or while the offender is on probation, assignment to a community correctional
services program, parole, conditional release, or postrelease supervision for a felony, a new
sentence shall be imposed pursuant to the consecutive sentencing requirements of K.S.A.
21-4608, and amendments thereto, and the court may sentence the offender to
imprisonment for the new conviction, even when the new crime of conviction otherwise
presumes a nonprison sentence. In this event, imposition of a prison sentence for the new
crime does not constitute a departure. When a new felony is committed while the offender
is on release for a felony pursuant to the provisions of article 28 of chapter 22 of the Kansas
Statutes Annotated, a new sentence may be imposed pursuant to the consecutive sentencing
requirements of K.S.A. 21-4608 and amendments thereto, and the court may sentence the
offender to imprisonment for the new conviction, even when the new crime of conviction
otherwise presumes a nonprison sentence. In this event, imposition of a prison sentence for
the new crime does not constitute a departure.

      Prior to imposing a dispositional departure for a defendant whose offense is classified in
the presumptive nonprison grid block of either sentencing guideline grid, prior to sentencing
a defendant to incarceration whose offense is classified in grid blocks 5-H, 5-I or 6-G of the
sentencing guidelines grid for nondrug crimes or in grid blocks 3-E, 3-F, 3-G, 3-H, 3-I, 4-
E or 4-F of the sentencing guidelines grid for drug crimes, or prior to revocation of a
nonprison sanction of a defendant whose offense is classified in the presumptive nonprison
grid block of either sentencing guideline grid or grid blocks 5-H, 5-I or 6-G of the sentencing
guidelines grid for nondrug crimes or in grid blocks 3-E, 3-F, 3-G, 3-H, 3-I, 4-E or 4-F of
the sentencing guidelines grid for drug crimes, the court shall consider placement of the
defendant in the Labette correctional conservation camp, conservation camps established
by the secretary of corrections pursuant to K.S.A. 75-52,127, and amendment thereto or a
community intermediate sanction center. Pursuant to this paragraph the defendant shall not
be sentenced to imprisonment if space is available in a conservation camp or a community
intermediate sanction center and the defendant meets all of the conservation camp's or a
community intermediate sanction center's placement criteria unless the court states on the
record the reasons for not placing the defendant in a conservation camp or a community
intermediate sanction center.

      The court in committing a defendant to the custody of the secretary of corrections shall
fix a term of confinement within the limits provided by law. In those cases where the law
does not fix a term of confinement for the crime for which the defendant was convicted,
the court shall fix the term of such confinement.

      In addition to any of the above, the court shall order the defendant to reimburse the state
general fund for all or a part of the expenditures by the state board of indigents' defense
services to provide counsel and other defense services to the defendant. In determining the
amount and method of payment of such sum, the court shall take account of the financial
resources of the defendant and the nature of the burden that payment of such sum will
impose. A defendant who has been required to pay such sum and who is not willfully in
default in the payment thereof may at any time petition the court which sentenced the
defendant to waive payment of such sum or any unpaid portion thereof. If it appears to the
satisfaction of the court that payment of the amount due will impose manifest hardship on
the defendant or the defendant's immediate family, the court may waive payment of all or
part of the amount due or modify the method of payment. The amount of attorney fees to
be included in the court order for reimbursement shall be the amount claimed by appointed
counsel on the payment voucher for indigents' defense services or the amount prescribed
by the board of indigents' defense services reimbursement tables as provided in K.S.A. 22-
4522, and amendments thereto, whichever is less.

      (b) Dispositions which do not involve commitment to the custody of the secretary of
corrections shall not entail the loss by the defendant of any civil rights. Placement of
offenders in a conservation camp established by the secretary of corrections pursuant to
K.S.A. 75-52,127, and amendments thereto, as a nonimprisonment disposition shall not
entail the loss by the defendant of any civil rights.

      (c) This section shall not deprive the court of any authority conferred by any other
Kansas statute to decree a forfeiture of property, suspend or cancel a license, remove a
person from office, or impose any other civil penalty as a result of conviction of crime.

      (d) An application for or acceptance of probation or assignment to a community
correctional services program shall not constitute an acquiescence in the judgment for
purpose of appeal, and any convicted person may appeal from such conviction, as provided
by law, without regard to whether such person has applied for probation, suspended
sentence or assignment to a community correctional services program.

      (e) The secretary of corrections is authorized to make direct placement to the Labette
correctional conservation camp or a conservation camp established by the secretary pursuant
to K.S.A. 75-52,127, and amendments thereto, of an inmate sentenced to the secretary's
custody if the inmate: (1) Has been sentenced to the secretary for a probation revocation,
as a departure from the presumptive nonimprisonment grid block of either sentencing grid,
or for an offense which is classified in grid blocks 5-H, 5-I, or 6-G of the sentencing
guidelines grid for nondrug crimes or in grid blocks 3-E, 3-F, 3-G, 3-H, 3-I, 4-E, or 4-F of
the sentencing guidelines grid for drug crimes; and (2) otherwise meets admission criteria
of the camp. If the inmate successfully completes the six-month conservation camp program,
the secretary of corrections shall report such completion to the sentencing court and the
county or district attorney. The inmate shall then be assigned by the court to six months of
follow-up supervision conducted by the appropriate community corrections services
program. The court may also order that supervision continue thereafter for the length of
time authorized by K.S.A. 21-4611 and amendments thereto.

      (f) When it is provided by law that a person shall be sentenced pursuant to K.S.A. 1993
Supp. 21-4628, prior to its repeal, the provisions of this section shall not apply.

      Sec. 2.'';

      On page 2, in line 9, after ``crimes'' by inserting ``, if a nonprison sanction is imposed,'';
in line 15, after the comma, by inserting ``if a nonprison sanction is imposed,''; after line 39,
by inserting the following:

      ``(d) The provisions of subsection (c), as amended by this act, shall be applied
retroactively. The sentencing court shall direct that a review of all persons serving a
nonprison sanction for a crime in severity levels 8, 9 or 10 of the sentencing guidelines grid
for nondrug crimes or a crime in severity levels 3 or 4 of the sentencing guidelines grid for
drug crimes be conducted. On or before September 1, 2000, the duration of such person's
probation shall be modified in conformity with the provisions of subsection (c).

      Sec.  3. On and after July 1, 2000, K.S.A. 1999 Supp. 21-4704 is hereby amended to
read as follows: 21-4704. (a) For purposes of sentencing, the following sentencing guidelines
grid for nondrug crimes shall be applied in felony cases for crimes committed on or after
July 1, 1993:


      (b) The provisions of this section shall be applicable to the sentencing guidelines grid
for nondrug crimes. Sentences expressed in such grid represent months of imprisonment.

      (c) The sentencing guidelines grid is a two-dimensional crime severity and criminal
history classification tool. The grid's vertical axis is the crime severity scale which classifies
current crimes of conviction. The grid's horizontal axis is the criminal history scale which
classifies criminal histories.

      (d) The sentencing guidelines grid for nondrug crimes as provided in this section defines
presumptive punishments for felony convictions, subject to judicial discretion to deviate for
substantial and compelling reasons and impose a different sentence in recognition of
aggravating and mitigating factors as provided in this act. The appropriate punishment for
a felony conviction should depend on the severity of the crime of conviction when compared
to all other crimes and the offender's criminal history.

      (e)  (1) The sentencing court has discretion to sentence at any place within the
sentencing range. The sentencing judge shall select the center of the range in the usual case
and reserve the upper and lower limits for aggravating and mitigating factors insufficient to
warrant a departure.

      (2) In presumptive imprisonment cases, the sentencing court shall pronounce the
complete sentence which shall include the prison sentence, the maximum potential
reduction to such sentence as a result of good time and the period of postrelease supervision
at the sentencing hearing. Failure to pronounce the period of postrelease supervision shall
not negate the existence of such period of postrelease supervision.

      (3) In presumptive nonprison cases, the sentencing court shall pronounce the prison
sentence as well as the duration of the nonprison sanction at the sentencing hearing.

      (f) Each grid block states the presumptive sentencing range for an offender whose crime
of conviction and criminal history place such offender in that grid block. If an offense is
classified in a grid block below the dispositional line, the presumptive disposition shall be
nonimprisonment. If an offense is classified in a grid block above the dispositional line, the
presumptive disposition shall be imprisonment. If an offense is classified in grid blocks 5-
H, 5-I or 6-G, the court may impose an optional nonprison sentence upon making the
following findings on the record:

      (1) An appropriate treatment program exists which is likely to be more effective than
the presumptive prison term in reducing the risk of offender recidivism; and

      (2) the recommended treatment program is available and the offender can be admitted
to such program within a reasonable period of time; or

      (3) the nonprison sanction will serve community safety interests by promoting offender
reformation.

      Any decision made by the court regarding the imposition of an optional nonprison
sentence if the offense is classified in grid blocks 5-H, 5-I or 6-G shall not be considered a
departure and shall not be subject to appeal.

      (g) The sentence for the violation of K.S.A. 21-3411, aggravated assault against a law
enforcement officer or K.S.A. 21-3415, aggravated battery against a law enforcement officer
and amendments thereto which places the defendant's sentence in grid block 6-H or 6-I
shall be presumed imprisonment. The court may impose an optional nonprison sentence
upon making a finding on the record that the nonprison sanction will serve community
safety interests by promoting offender reformation. Any decision made by the court
regarding the imposition of the optional nonprison sentence, if the offense is classified in
grid block 6-H or 6-I, shall not be considered departure and shall not be subject to appeal.

      (h) When a firearm is used to commit any person felony, the offender's sentence shall
be presumed imprisonment. The court may impose an optional nonprison sentence upon
making a finding on the record that the nonprison sanction will serve community safety
interests by promoting offender reformation. Any decision made by the court regarding the
imposition of the optional nonprison sentence shall not be considered a departure and shall
not be subject to appeal.

      (i) The sentence for the violation of the felony provision of K.S.A. 8-1567 and subsection
(c)(3) of K.S.A. 21-3412 and amendments thereto shall be as provided by the specific
mandatory sentencing requirements of that section and shall not be subject to the provisions
of this section or K.S.A. 21-4707 and amendments thereto. Notwithstanding the provisions
of any other section, the term of imprisonment imposed for the violation of the felony
provision of K.S.A. 8-1567 and subsection (c)(3) of K.S.A. 21-3412 and amendments thereto
shall not be served in a state facility in the custody of the secretary of corrections.

      (j) The sentence for any persistent sex offender whose current convicted crime carries
a presumptive term of imprisonment shall be double the maximum duration of the
presumptive imprisonment term. The sentence for any persistent sex offender whose current
conviction carries a presumptive nonprison term shall be presumed imprisonment and shall
be double the maximum duration of the presumptive imprisonment term. Except as
otherwise provided in this subsection, as used in this subsection, ``persistent sex offender''
means a person who: (1) Has been convicted in this state of a sexually violent crime, as
defined in K.S.A. 22-3717 and amendments thereto; and (2) at the time of the conviction
under subsection (1) has at least one conviction for a sexually violent crime, as defined in
K.S.A. 22-3717 and amendments thereto in this state or comparable felony under the laws
of another state, the federal government or a foreign government. The provisions of this
subsection shall not apply to any person whose current convicted crime is a severity level 1
or 2 felony.

      (k) If it is shown at sentencing that the offender committed any felony violation for the
benefit of, at the direction of, or in association with any criminal street gang, with the specific
intent to promote, further or assist in any criminal conduct by gang members, the offender's
sentence shall be presumed imprisonment. Any decision made by the court regarding the
imposition of the optional nonprison sentence shall not be considered a departure and shall
not be subject to appeal. As used in this subsection, ``criminal street gang'' means any
organization, association or group of three or more persons, whether formal or informal,
having as one of its primary activities the commission of one or more person felonies or
felony violations of the uniform controlled substances act, K.S.A. 65-4101 et seq., and
amendments thereto, which has a common name or common identifying sign or symbol,
whose members, individually or collectively engage in or have engaged in the commission,
attempted commission, conspiracy to commit or solicitation of two or more person felonies
or felony violations of the uniform controlled substances act, K.S.A. 65-4101 et seq., and
amendments thereto, or any substantially similar offense from another jurisdiction.

      (l) The sentence for a violation of subsection (a) of K.S.A. 21-3715 and amendments
thereto when such person being sentenced has a prior conviction for a violation of subsection
(a) or (b) of K.S.A. 21-3715 or 21-3716 and amendments thereto shall be presumed
imprisonment.

      Sec.  4. On and after July 1, 2000, K.S.A. 1999 Supp. 21-4705 is hereby amended to
read as follows: 21-4705. (a) For the purpose of sentencing, the following sentencing
guidelines grid for drug crimes shall be applied in felony cases under the uniform controlled
substances act for crimes committed on or after July 1, 1993:


      (b) The provisions of subsection (a) will apply for the purpose of sentencing violations
of the uniform controlled substances act except as otherwise provided by law. Sentences
expressed in the sentencing guidelines grid for drug crimes in subsection (a) represent
months of imprisonment.

      (c)  (1) The sentencing court has discretion to sentence at any place within the
sentencing range. The sentencing judge shall select the center of the range in the usual case
and reserve the upper and lower limits for aggravating and mitigating factors insufficient to
warrant a departure. The sentencing court shall not distinguish between the controlled
substances cocaine base (9041L000) and cocaine hydrochloride (9041L005) when
sentencing within the sentencing range of the grid block.

      (2) In presumptive imprisonment cases, the sentencing court shall pronounce the
complete sentence which shall include the prison sentence, the maximum potential
reduction to such sentence as a result of good time and the period of postrelease supervision
at the sentencing hearing. Failure to pronounce the period of postrelease supervision shall
not negate the existence of such period of postrelease supervision.

      (3) In presumptive nonprison cases, the sentencing court shall pronounce the prison
sentence as well as the duration of the nonprison sanction at the sentencing hearing.

      (d) Each grid block states the presumptive sentencing range for an offender whose
crime of conviction and criminal history place such offender in that grid block. If an offense
is classified in a grid block below the dispositional line, the presumptive disposition shall be
nonimprisonment. If an offense is classified in a grid block above the dispositional line, the
presumptive disposition shall be imprisonment. If an offense is classified in grid blocks 3-
E, 3-F, 3-G, 3-H, 3-I, 4-E or 4-F, the court may impose an optional nonprison sentence
upon making the following findings on the record:

      (1) An appropriate treatment program exists which is likely to be more effective than
the presumptive prison term in reducing the risk of offender recidivism; and

      (2) the recommended treatment program is available and the offender can be admitted
to such program within a reasonable period of time; or

      (3) the nonprison sanction will serve community safety interests by promoting offender
reformation.

      Any decision made by the court regarding the imposition of an optional nonprison
sentence if the offense is classified in grid blocks 3-E, 3-F, 3-G, 3-H, 3-I, 4-E or 4-F shall
not be considered a departure and shall not be subject to appeal.

      (e) The sentence for a second or subsequent conviction of K.S.A. 65-4159 and
amendments thereto, manufacture of any controlled substance or controlled substance
analog shall be a presumptive term of imprisonment of two times the maximum duration
of the presumptive term of imprisonment. The court may impose an optional reduction in
such sentence of not to exceed 50% of the mandatory increase provided by this subsection
upon making a finding on the record that one or more of the mitigating factors as specified
in K.S.A. 21-4716 and amendments thereto justify such a reduction in sentence. Any decision
made by the court regarding the reduction in such sentence shall not be considered a
departure and shall not be subject to appeal.

      Sec.  5. On and after July 1, 2000, K.S.A. 21-4709 is hereby amended to read as follows:
21-4709. The criminal history scale is represented in abbreviated form on the horizontal
axis of the sentencing guidelines grid for nondrug crimes and the sentencing guidelines grid
for drug crimes. The relative severity of each criminal history category decreases from left
to right on such grids. Criminal history category A is the most serious classification. Criminal
history category I H is the least serious classification. The criminal history categories in the
criminal history scale are:

Criminal

History

Category                Descriptive Criminal History
AThe offender's criminal history includes three or more adult convictions or juvenileadjudications, in any combination, for person felonies.
BThe offender's criminal history includes two adult convictions or juvenileadjudications, in any combination, for person felonies.
CThe offender's criminal history includes one adult conviction or juvenile adjudicationfor a person felony, and one or more adult conviction or juvenile adjudicationfor a nonperson felony.
DThe offender's criminal history includes one adult conviction or juvenile adjudicationfor a person felony, but no adult conviction or juvenile adjudications for anonperson felony.
EThe offender's criminal history includes three or more adult convictions or juvenileadjudications for nonperson felonies, but no adult conviction or juvenileadjudication for a person felony.
FThe offender's criminal history includes two adult convictions or juvenileadjudications for nonperson felonies, but no adult conviction or juvenileadjudication for a person felony.
GThe offender's criminal history includes one adult conviction or juvenile adjudicationfor a nonperson felony, but no adult conviction or juvenile adjudication for aperson felony.
HThe offender's criminal history includes two or more adult a conviction or convictionsor juvenile adjudications for nonperson and/or or select misdemeanors, and nomore than two adult, or both, or a conviction or convictions or juvenileadjudications for person misdemeanors, but no adult conviction or juvenileadjudication for either a person or nonperson felony or the offender's criminalhistory includes no prior record.
Ithe offender's criminal history includes no prior record; or, one adult conviction orjuvenile adjudication for a person, nonperson, or select misdemeanor, but noadult conviction or juvenile adjudication for either a person or nonperson felony.
      Sec.  6. On and after July 1, 2000, K.S.A. 1999 Supp. 21-4720 is hereby amended to
read as follows: 21-4720. (a) The provisions of subsections (a), (b), (c), (d), (e) and (h) of
K.S.A. 21-4608 and amendments thereto regarding multiple sentences shall apply to the
sentencing of offenders for crimes committed on or after July 1, 1993, pursuant to the
sentencing guidelines system as provided in this act. The mandatory consecutive
requirements contained in subsections (c), (d) and (e) shall not apply if such application
would result in a manifest injustice.

      (b) The sentencing judge shall otherwise have discretion to impose concurrent or
consecutive sentences in multiple conviction cases. The sentencing judge shall state on the
record if the sentence is to be served concurrently or consecutively. In cases where
consecutive sentences may be imposed by the sentencing judge, the following shall apply:

      (1) When the sentencing judge imposes multiple sentences consecutively, the
consecutive sentences shall consist of an imprisonment term which is the sum of the
consecutive imprisonment terms, and a supervision term. The postrelease supervision term
will be based on the longest supervision term imposed for any of the crimes.

      (2) The sentencing judge must establish a base sentence for the primary crime. The
primary crime is the crime with the highest crime severity ranking. An off-grid crime shall
not be used as the primary crime in determining the base sentence when imposing multiple
sentences. If sentences for off-grid and on-grid convictions are ordered to run consecutively,
the offender shall not begin to serve the on-grid sentence until paroled from the off-grid
sentence, and the postrelease supervision term will be based on the off-grid crime. If more
than one crime of conviction is classified in the same crime category, the sentencing judge
must designate which crime will serve as the primary crime. In the instance of sentencing
with both the drug grid and the nondrug grid and simultaneously having a presumption of
imprisonment and probation, the sentencing judge will use the crime which presumes
imprisonment as the primary crime. In the instance of sentencing with both the drug grid
and the nondrug grid and simultaneously having a presumption of either both probation or
both imprisonment, the sentencing judge will use the crime with the longest sentence term
within the grid block range as the primary crime.

      (3) The base sentence is set using the total criminal history score assigned.

      (4) The total prison sentence imposed in a case involving multiple convictions arising
from multiple counts within an information, complaint or indictment cannot exceed twice
the base sentence. This limit shall apply only to the total sentence, and it shall not be
necessary to reduce the duration of any of the nonbase sentences imposed to be served
consecutively to the base sentence. The postrelease supervision term will reflect only the
longest such term assigned to any of the crimes for which consecutive sentences are imposed.
Supervision periods will not be aggregated.

      (5) Nonbase sentences will not have criminal history scores applied, as calculated in the
criminal history I H column of the grid, but base sentences will have the full criminal history
score assigned.

      (6) If the sentence for the primary crime is a prison term, the entire imprisonment term
of the consecutive sentences will be served in prison.

      (7) If the sentence for the consecutive sentences is a prison term, the postrelease
supervision term is a term of postrelease supervision as established for the primary crime.

      (8) If the sentence for the primary crime is a nonprison sentence, a nonprison term will
be imposed for each crime conviction, but the nonprison terms shall not be aggregated or
served consecutively even though the underlying prison sentences have been ordered to be
served consecutively. Upon revocation of the nonprison sentence, the offender shall serve
the prison sentences consecutively as provided in this section.

      (c) The following shall apply for a departure from the presumptive sentence based on
aggravating factors within the context of consecutive sentences:

      (1) The court may depart from the presumptive limits for consecutive sentences only if
the judge finds substantial and compelling reasons to impose a departure sentence for any
of the individual crimes being sentenced consecutively.

      (2) When a departure sentence is imposed for any of the individual crimes sentenced
consecutively, the imprisonment term of that departure sentence shall not exceed twice the
maximum presumptive imprisonment term that may be imposed for that crime.

      (3) The total imprisonment term of the consecutive sentences, including the
imprisonment term for the departure crime, shall not exceed twice the maximum
presumptive imprisonment term of the departure sentence following aggravation.'';

      Also on page 2, in line 40, by striking ``2'' and inserting ``7'';

      On page 3, in line 43, by striking all after the period;

      On page 4, by striking all in lines 1 through 8; after line 33, by inserting the following:

      ``(e) Notwithstanding the provisions of any other law to the contrary, a term of
imprisonment may not be imposed upon revocation of a nonprison sanction of any offender
sentenced for a crime in severity level 9 or severity level 10 on the sentencing guidelines
grid for nondrug crimes, due to a violation of a condition of release or assignment of the
nonprison sanction, except that these provisions shall not apply to offenders whose
revocation of release or assignment of the nonprison sanction results from a conviction for
a new misdemeanor or felony offense or who are incarcerated or on postrelease supervision
and are serving or are to begin serving any other felony sentence that is not excluded from
imprisonment by this subsection on the effective date of this subsection. The provisions of
this subsection shall be applied retroactively to offenders convicted of a crime in severity
level 9 and 10 on the sentencing guidelines grid for nondrug crimes. The department of
corrections shall conduct a review of all persons who are in the custody of the department
as a result of only a revocation of a nonprison sanction for a crime in severity level 9 or 10
on the sentencing guidelines grid for nondrug crimes which did not result from a conviction
for a new misdemeanor or felony crime. On or before September 1, 2000, the department
shall release from imprisonment or postrelease supervision those offenders as required by
this subsection. The department shall notify the sentencing court of the date upon which
the offender is to be discharged from the department's custody pursuant to this subsection
at least 14 days prior to the date of discharge. The sentencing court may impose upon such
offender any nonprison sanction or condition authorized by law.

      (f) Notwithstanding the provisions of any other law to the contrary, an offender whose
nonprison sanction is revoked and a term of imprisonment imposed pursuant to either the
sentencing guidelines grid for nondrug or drug crimes shall not serve a period of postrelease
supervision upon the completion of the prison portion of that sentence. The provisions of
this subsection shall not apply to offenders sentenced to a nonprison sanction pursuant to
a dispositional departure, whose offense falls within a border box of either the sentencing
guidelines grid for nondrug or drug crimes, offenders sentenced for a ``sexually violent
crime'' as defined by K.S.A. 22-3717, and amendments thereto, or whose nonprison sanction
was revoked as a result of a conviction for a new misdemeanor or felony offense. The
provisions of this subsection shall not apply to offenders who are serving or are to begin
serving a sentence for any other felony offense that is not excluded from postrelease
supervision by this subsection on the effective date of this subsection. The provisions of this
subsection shall be applied retroactively. The department of corrections shall conduct a
review of all persons who are in the custody of the department as a result of only a revocation
of a nonprison sanction. On or before September 1, 2000, the department shall have
discharged from postrelease supervision those offenders as required by this subsection.'';

      And by renumbering section 3 as section 8;

      Also on page 4, after line 35, by inserting the following:

      ``Sec.  9. On and after July 1, 2000, K.S.A. 21-4709 and K.S.A. 1999 Supp. 21-4603d,
21-4704, 21-4705 and 21-4720 are hereby repealed.'';

      And by renumbering section 4 as section 10;

      Also on page 4, in line 37, by striking ``statute book'' and inserting ``Kansas register'';

      On page 1, in the title, in line 11, after the semicolon, by inserting ``criminal history
category; application of provisions;'' ; also in line 11, after ``K.S.A.'' by inserting ``21-4709
and''; also in line 11, after ``Supp.'' by inserting ``21-4603d,''; also in line 11, after ``21-4611''
by inserting ``, 21-4704, 21-4705 and 21-4720''; and the bill be passed as amended.

 Also Substitute for HB 2683 be amended on page 1, in line 13, before ``Section'' by
inserting ``New''; in line 16, by striking ``and'' and inserting a comma; also in line 16, after
``gender'' by inserting ``, age and residency by county and state''; in line 26, by striking ``and''
and inserting a comma; also in line 26, after ``gender'' by inserting ``, age and residency by
county and state''; in line 32, by striking ``or'' and inserting a comma; also in line 32, after
``gender'' by inserting ``, age or residency by county or state''; in line 34, by striking ``or''
and inserting a comma; also in line 34, before ``bias'' by inserting ``, age or residency''; in
line 37, by striking ``Sec. 2'' and inserting ``(d)''; in line 42, by striking ``Sec. 3'' and inserting
``(e)'';

      On page 2, in line 3, by striking ``(a)'' and inserting ``(1)''; in line 4, by striking ``(b)'' and
inserting ``(2)''; in line 7, by striking ``(c)'' and inserting ``(3)''; in line 8, by striking ``or'' and
inserting a comma; also in line 8, before ``bias'' by inserting ``, age or residency''; after line
8, by inserting the following:

      (f) The provisions of this section shall be effective on and after July 1, 2000.

      Sec.  2. On and after July 1, 2000, K.S.A. 21-4602 is hereby amended to read as follows:
21-4602. As used in K.S.A. 21-4601 through 21-4621, and amendments thereto:

      (a) ``Court'' means any court having jurisdiction and power to sentence offenders for
violations of the laws of this state.

      (b) ``Suspension of sentence'' means a procedure under which a defendant, found guilty
of a crime, upon verdict or plea, is released by the court without imposition of sentence.
The release may be with or without supervision in the discretion of the court. In felony
cases, the court may include confinement in a county jail not to exceed 30 120 days, which
need not be served consecutively, as a condition of suspension of sentence pursuant to
subsection (b)(4) of K.S.A. 21-4603 and amendments thereto.

      (c) ``Probation'' means a procedure under which a defendant, found guilty of a crime
upon verdict or plea, is released by the court after imposition of sentence, without
imprisonment except as provided in felony cases, subject to conditions imposed by the court
and subject to the supervision of the probation service of the court or community
corrections. In felony cases, the court may include confinement in a county jail not to exceed
30 120 days, which need not be served consecutively, as a condition of probation pursuant
to subsection (b)(3) of K.S.A. 21-4603 and amendments thereto.

      (d) ``Parole'' means the release of a prisoner to the community by the Kansas parole
board prior to the expiration of such prisoner's term, subject to conditions imposed by the
board and to the secretary of correction's supervision. Parole also means the release by a
court of competent jurisdiction of a person confined in the county jail or other local place
of detention after conviction and prior to expiration of such person's term, subject to
conditions imposed by the court and its supervision. Where a court or other authority has
filed a warrant against the prisoner, the Kansas parole board or paroling court may release
the prisoner on parole to answer the warrant of such court or authority.

      (e) ``Correctional institution'' means the Lansing correctional facility, Hutchinson
correctional facility, Topeka correctional facility, Norton correctional facility, Ellsworth
correctional facility, Winfield correctional facility, Osawatomie correctional facility, Larned
correctional mental health facility, Toronto correctional work facility, Stockton correctional
facility, Wichita work release facility, El Dorado correctional facility, and any other
correctional institution established by the state for the confinement of offenders, and under
control of the secretary of corrections.

      (f) ``Community correctional services program'' means a program which operates under
the community corrections act and to which a defendant is assigned for supervision,
confinement, detention, care or treatment, subject to conditions imposed by the court. A
defendant assigned to a community correctional services program shall be subject to the
continuing jurisdiction of the court and in no event shall be considered to be in the custody
of or under the supervision of the secretary of corrections.

      (g) ``Postrelease supervision,'' for crimes committed on or after July 1, 1993, means the
same as provided in K.S.A. 21-4703 and amendments thereto.

      Sec.  3. On and after July 1, 2000, K.S.A. 1999 Supp. 21-4603 is hereby amended to
read as follows: 21-4603. (a) Whenever any person has been found guilty of a crime and the
court finds that an adequate presentence investigation cannot be conducted by resources
available within the judicial district, including mental health centers and mental health
clinics, the court may require that a presentence investigation be conducted by the Topeka
correctional facility or by the state security hospital. If the offender is sent to the Topeka
correctional facility or the state security hospital for a presentence investigation under this
section, the correctional facility or hospital may keep the offender confined for a maximum
of 60 days, except that an inmate may be held for a longer period of time on order of the
secretary, or until the court calls for the return of the offender. While held at the Topeka
correctional facility or the state security hospital the defendant may be treated the same as
any person committed to the secretary of corrections or secretary of social and rehabilitation
services for purposes of maintaining security and control, discipline, and emergency medical
or psychiatric treatment, and general population management except that no such person
shall be transferred out of the state or to a federal institution or to any other location unless
the transfer is between the correctional facility and the state security hospital. The
correctional facility or the state security hospital shall compile a complete mental and
physical evaluation of such offender and shall make its findings and recommendations known
to the court in the presentence report.

      (b) Except as provided in subsection (c), whenever any person has been found guilty of
a crime, the court may adjudge any of the following:

      (1) Commit the defendant to the custody of the secretary of corrections or, if
confinement is for a term less than one year, to jail for the term provided by law;

      (2) impose the fine applicable to the offense;

      (3) release the defendant on probation subject to such conditions as the court may deem
appropriate, including orders requiring full or partial restitution. In felony cases, the court
may include confinement in a county jail not to exceed 30 120 days, which need not be
served consecutively, as a condition of probation;

      (4) suspend the imposition of the sentence subject to such conditions as the court may
deem appropriate, including orders requiring full or partial restitution. In felony cases, the
court may include confinement in a county jail not to exceed 30 120 days, which need not
be served consecutively, as a condition of suspension of sentence;

      (5) assign the defendant to a community correctional services program subject to such
conditions as the court may deem appropriate, including orders requiring full or partial
restitution;

      (6) assign the defendant to a conservation camp for a period not to exceed six months;

      (7) assign the defendant to a house arrest program pursuant to K.S.A. 21-4603b and
amendments thereto;

      (8) order the defendant to attend and satisfactorily complete an alcohol or drug
education or training program as provided by subsection (3) of K.S.A. 21-4502 and
amendments thereto;

      (9) order the defendant to pay the administrative fee authorized by K.S.A. 1999 Supp.
22-4529 and amendments thereto, unless waived by the court; or

      (10) impose any appropriate combination of subsections (b)(1) through (b)(9).

      In addition to or in lieu of any of the above, the court shall order the defendant to submit
to and complete an alcohol and drug evaluation, and pay a fee therefor, when required by
subsection (4) of K.S.A. 21-4502 and amendments thereto.

      In addition to any of the above, the court shall order the defendant to reimburse the state
general fund for all or a part of the expenditures by the state board of indigents' defense
services to provide counsel and other defense services to the defendant. In determining the
amount and method of payment of such sum, the court shall take account of the financial
resources of the defendant and the nature of the burden that payment of such sum will
impose. A defendant who has been required to pay such sum and who is not willfully in
default in the payment thereof may at any time petition the court which sentenced the
defendant to waive payment of such sum or any unpaid portion thereof. If it appears to the
satisfaction of the court that payment of the amount due will impose manifest hardship on
the defendant or the defendant's immediate family, the court may waive payment of all or
part of the amount due or modify the method of payment. The amount of attorney fees to
be included in the court order for reimbursement shall be the amount claimed by appointed
counsel on the payment voucher for indigents' defense services or the amount prescribed
by the board of indigents' defense services reimbursement tables as provided in K.S.A. 22-
4522, and amendments thereto, whichever is less.

      In imposing a fine the court may authorize the payment thereof in installments. In
releasing a defendant on probation, the court shall direct that the defendant be under the
supervision of a court services officer. If the court commits the defendant to the custody of
the secretary of corrections or to jail, the court may specify in its order the amount of
restitution to be paid and the person to whom it shall be paid if restitution is later ordered
as a condition of parole or conditional release.

      The court in committing a defendant to the custody of the secretary of corrections shall
fix a maximum term of confinement within the limits provided by law. In those cases where
the law does not fix a maximum term of confinement for the crime for which the defendant
was convicted, the court shall fix the maximum term of such confinement. In all cases where
the defendant is committed to the custody of the secretary of corrections, the court shall
fix the minimum term within the limits provided by law.

      (c) Whenever any juvenile felon, as defined in K.S.A. 38-16,112, prior to its repeal, has
been found guilty of a class A or B felony, the court shall commit the defendant to the
custody of the secretary of corrections and may impose the fine applicable to the offense.

      (d)  (1) Except when an appeal is taken and determined adversely to the defendant as
provided in subsection (d)(2), at any time within 120 days after a sentence is imposed, after
probation or assignment to a community correctional services program has been revoked,
the court may modify such sentence, revocation of probation or assignment to a community
correctional services program by directing that a less severe penalty be imposed in lieu of
that originally adjudged within statutory limits and shall modify such sentence if
recommended by the Topeka correctional facility unless the court finds and sets forth with
particularity the reasons for finding that the safety of members of the public will be
jeopardized or that the welfare of the inmate will not be served by such modification.

      (2) If an appeal is taken and determined adversely to the defendant, such sentence may
be modified within 120 days after the receipt by the clerk of the district court of the mandate
from the supreme court or court of appeals.

      (e) The court shall modify the sentence at any time before the expiration thereof when
such modification is recommended by the secretary of corrections unless the court finds
and sets forth with particularity the reasons for finding that the safety of members of the
public will be jeopardized or that the welfare of the inmate will not be served by such
modification. The court shall have the power to impose a less severe penalty upon the
inmate, including the power to reduce the minimum below the statutory limit on the
minimum term prescribed for the crime of which the inmate has been convicted. The
recommendation of the secretary of corrections, the hearing on the recommendation and
the order of modification shall be made in open court. Notice of the recommendation of
modification of sentence and the time and place of the hearing thereon shall be given by
the inmate, or by the inmate's legal counsel, at least 21 days prior to the hearing to the
county or district attorney of the county where the inmate was convicted. After receipt of
such notice and at least 14 days prior to the hearing, the county or district attorney shall
give notice of the recommendation of modification of sentence and the time and place of
the hearing thereon to any victim of the inmate's crime who is alive and whose address is
known to the county or district attorney or, if the victim is deceased, to the victim's next of
kin if the next of kin's address is known to the county or district attorney. Proof of service
of each notice required to be given by this subsection shall be filed with the court.

      (f) After such defendant has been assigned to a conservation camp but prior to the end
of 180 days, the chief administrator of such camp shall file a performance report and
recommendations with the court. The court shall enter an order based on such report and
recommendations modifying the sentence, if appropriate, by sentencing the defendant to
any of the authorized dispositions provided in subsection (b), except to reassign such person
to a conservation camp as provided in subsection (b)(6).

      (g) Dispositions which do not involve commitment to the custody of the secretary of
corrections and commitments which are revoked within 120 days shall not entail the loss by
the defendant of any civil rights. Placement of offenders pursuant to subsection (b)(6) in a
conservation camp established by the secretary of corrections shall not entail the loss by the
defendant of any civil rights.

      (h) This section shall not deprive the court of any authority conferred by any other
Kansas statute to decree a forfeiture of property, suspend or cancel a license, remove a
person from office, or impose any other civil penalty as a result of conviction of crime.

      (i) An application for or acceptance of probation, suspended sentence or assignment to
a community correctional services program shall not constitute an acquiescence in the
judgment for purpose of appeal, and any convicted person may appeal from such conviction,
as provided by law, without regard to whether such person has applied for probation,
suspended sentence or assignment to a community correctional services program.

      (j) When it is provided by law that a person shall be sentenced pursuant to K.S.A. 21-
4628, and amendments thereto, the provisions of this section shall not apply.

      (k) The provisions of this section shall apply to crimes committed before July 1, 1993.

      Sec.  4 On and after July 1, 2000, K.S.A. 1999 Supp. 21-4603d is hereby amended to
read as follows: 21-4603d. (a) Whenever any person has been found guilty of a crime, the
court may adjudge any of the following:

      (1) Commit the defendant to the custody of the secretary of corrections if the current
crime of conviction is a felony and the sentence presumes imprisonment, or the sentence
imposed is a dispositional departure to imprisonment; or, if confinement is for a
misdemeanor, to jail for the term provided by law;

      (2) impose the fine applicable to the offense;

      (3) release the defendant on probation if the current crime of conviction and criminal
history fall within a presumptive nonprison category or through a departure for substantial
and compelling reasons subject to such conditions as the court may deem appropriate. In
felony cases except for violations of K.S.A. 8-1567 and amendments thereto, the court may
include confinement in a county jail not to exceed 30 120 days, which need not be served
consecutively, as a condition of probation or community corrections placement;

      (4) assign the defendant to a community correctional services program in presumptive
nonprison cases or through a departure for substantial and compelling reasons subject to
such conditions as the court may deem appropriate, including orders requiring full or partial
restitution;

      (5) assign the defendant to a conservation camp for a period not to exceed six months
as a condition of probation followed by a six-month period of follow-up through adult
intensive supervision by a community correctional services program, if the offender
successfully completes the conservation camp program;

      (6) assign the defendant to a house arrest program pursuant to K.S.A. 21-4603b and
amendments thereto;

      (7) order the defendant to attend and satisfactorily complete an alcohol or drug
education or training program as provided by subsection (3) of K.S.A. 21-4502 and
amendments thereto;

      (8) order the defendant to repay the amount of any reward paid by any crime stoppers
chapter, individual, corporation or public entity which materially aided in the apprehension
or conviction of the defendant; repay the amount of any costs and expenses incurred by any
law enforcement agency in the apprehension of the defendant, if one of the current crimes
of conviction of the defendant includes escape, as defined in K.S.A. 21-3809 and
amendments thereto or aggravated escape, as defined in K.S.A. 21-3810 and amendments
thereto; or repay the amount of any public funds utilized by a law enforcement agency to
purchase controlled substances from the defendant during the investigation which leads to
the defendant's conviction. Such repayment of the amount of any such costs and expenses
incurred by a law enforcement agency or any public funds utilized by a law enforcement
agency shall be deposited and credited to the same fund from which the public funds were
credited to prior to use by the law enforcement agency;

      (9) order the defendant to pay the administrative fee authorized by K.S.A. 1999 Supp.
22-4529 and amendments thereto, unless waived by the court;

      (10) impose any appropriate combination of (1), (2), (3), (4), (5), (6), (7), (8) and (9);
or

      (11) suspend imposition of sentence in misdemeanor cases.

      In addition to or in lieu of any of the above, the court shall order the defendant to pay
restitution, which shall include, but not be limited to, damage or loss caused by the
defendant's crime, unless the court finds compelling circumstances which would render a
plan of restitution unworkable. If the court finds a plan of restitution unworkable, the court
shall state on the record in detail the reasons therefor.

      If the court orders restitution, the restitution shall be a judgment against the defendant
which may be collected by the court by garnishment or other execution as on judgments in
civil cases. If, after 60 days from the date restitution is ordered by the court, a defendant is
found to be in noncompliance with the plan established by the court for payment of
restitution, and the victim to whom restitution is ordered paid has not initiated proceedings
in accordance with K.S.A. 60-4301 et seq. and amendments thereto, the court shall assign
an agent procured by the attorney general pursuant to K.S.A. 75-719 and amendments
thereto to collect the restitution on behalf of the victim. The administrative judge of each
judicial district may assign such cases to an appropriate division of the court for the conduct
of civil collection proceedings.

      In addition to or in lieu of any of the above, the court shall order the defendant to submit
to and complete an alcohol and drug evaluation, and pay a fee therefor, when required by
subsection (4) of K.S.A. 21-4502 and amendments thereto.

      In addition to any of the above, the court shall order the defendant to reimburse the
county general fund for all or a part of the expenditures by the county to provide counsel
and other defense services to the defendant. Any such reimbursement to the county shall
be paid only after any order for restitution has been paid in full. In determining the amount
and method of payment of such sum, the court shall take account of the financial resources
of the defendant and the nature of the burden that payment of such sum will impose. A
defendant who has been required to pay such sum and who is not willfully in default in the
payment thereof may at any time petition the court which sentenced the defendant to waive
payment of such sum or any unpaid portion thereof. If it appears to the satisfaction of the
court that payment of the amount due will impose manifest hardship on the defendant or
the defendant's immediate family, the court may waive payment of all or part of the amount
due or modify the method of payment.

      In imposing a fine the court may authorize the payment thereof in installments. In
releasing a defendant on probation, the court shall direct that the defendant be under the
supervision of a court services officer. If the court commits the defendant to the custody of
the secretary of corrections or to jail, the court may specify in its order the amount of
restitution to be paid and the person to whom it shall be paid if restitution is later ordered
as a condition of parole or conditional release.

      When a new felony is committed while the offender is incarcerated and serving a sentence
for a felony or while the offender is on probation, assignment to a community correctional
services program, parole, conditional release, or postrelease supervision for a felony, a new
sentence shall be imposed pursuant to the consecutive sentencing requirements of K.S.A.
21-4608, and amendments thereto, and the court may sentence the offender to
imprisonment for the new conviction, even when the new crime of conviction otherwise
presumes a nonprison sentence. In this event, imposition of a prison sentence for the new
crime does not constitute a departure. When a new felony is committed while the offender
is on release for a felony pursuant to the provisions of article 28 of chapter 22 of the Kansas
Statutes Annotated, a new sentence may be imposed pursuant to the consecutive sentencing
requirements of K.S.A. 21-4608 and amendments thereto, and the court may sentence the
offender to imprisonment for the new conviction, even when the new crime of conviction
otherwise presumes a nonprison sentence. In this event, imposition of a prison sentence for
the new crime does not constitute a departure.

      Prior to imposing a dispositional departure for a defendant whose offense is classified in
the presumptive nonprison grid block of either sentencing guideline grid, prior to sentencing
a defendant to incarceration whose offense is classified in grid blocks 5-H, 5-I or 6-G of the
sentencing guidelines grid for nondrug crimes or in grid blocks 3-E, 3-F, 3-G, 3-H, 3-I, 4-
E or 4-F of the sentencing guidelines grid for drug crimes, or prior to revocation of a
nonprison sanction of a defendant whose offense is classified in the presumptive nonprison
grid block of either sentencing guideline grid or grid blocks 5-H, 5-I or 6-G of the sentencing
guidelines grid for nondrug crimes or in grid blocks 3-E, 3-F, 3-G, 3-H, 3-I, 4-E or 4-F of
the sentencing guidelines grid for drug crimes, the court shall consider placement of the
defendant in the Labette correctional conservation camp, conservation camps established
by the secretary of corrections pursuant to K.S.A. 75-52,127, and amendment thereto or a
community intermediate sanction center. Pursuant to this paragraph the defendant shall not
be sentenced to imprisonment if space is available in a conservation camp or a community
intermediate sanction center and the defendant meets all of the conservation camp's or a
community intermediate sanction center's placement criteria unless the court states on the
record the reasons for not placing the defendant in a conservation camp or a community
intermediate sanction center.

      The court in committing a defendant to the custody of the secretary of corrections shall
fix a term of confinement within the limits provided by law. In those cases where the law
does not fix a term of confinement for the crime for which the defendant was convicted,
the court shall fix the term of such confinement.

      In addition to any of the above, the court shall order the defendant to reimburse the state
general fund for all or a part of the expenditures by the state board of indigents' defense
services to provide counsel and other defense services to the defendant. In determining the
amount and method of payment of such sum, the court shall take account of the financial
resources of the defendant and the nature of the burden that payment of such sum will
impose. A defendant who has been required to pay such sum and who is not willfully in
default in the payment thereof may at any time petition the court which sentenced the
defendant to waive payment of such sum or any unpaid portion thereof. If it appears to the
satisfaction of the court that payment of the amount due will impose manifest hardship on
the defendant or the defendant's immediate family, the court may waive payment of all or
part of the amount due or modify the method of payment. The amount of attorney fees to
be included in the court order for reimbursement shall be the amount claimed by appointed
counsel on the payment voucher for indigents' defense services or the amount prescribed
by the board of indigents' defense services reimbursement tables as provided in K.S.A. 22-
4522, and amendments thereto, whichever is less.

      (b) Dispositions which do not involve commitment to the custody of the secretary of
corrections shall not entail the loss by the defendant of any civil rights. Placement of
offenders in a conservation camp established by the secretary of corrections pursuant to
K.S.A. 75-52,127, and amendments thereto, as a nonimprisonment disposition shall not
entail the loss by the defendant of any civil rights.

      (c) This section shall not deprive the court of any authority conferred by any other
Kansas statute to decree a forfeiture of property, suspend or cancel a license, remove a
person from office, or impose any other civil penalty as a result of conviction of crime.

      (d) An application for or acceptance of probation or assignment to a community
correctional services program shall not constitute an acquiescence in the judgment for
purpose of appeal, and any convicted person may appeal from such conviction, as provided
by law, without regard to whether such person has applied for probation, suspended
sentence or assignment to a community correctional services program.

      (e) The secretary of corrections is authorized to make direct placement to the Labette
correctional conservation camp or a conservation camp established by the secretary pursuant
to K.S.A. 75-52,127, and amendments thereto, of an inmate sentenced to the secretary's
custody if the inmate: (1) Has been sentenced to the secretary for a probation revocation,
as a departure from the presumptive nonimprisonment grid block of either sentencing grid,
or for an offense which is classified in grid blocks 5-H, 5-I, or 6-G of the sentencing
guidelines grid for nondrug crimes or in grid blocks 3-E, 3-F, 3-G, 3-H, 3-I, 4-E, or 4-F of
the sentencing guidelines grid for drug crimes; and (2) otherwise meets admission criteria
of the camp. If the inmate successfully completes the six-month a conservation camp
program, the secretary of corrections shall report such completion to the sentencing court
and the county or district attorney. The inmate shall then be assigned by the court to six
months of follow-up supervision conducted by the appropriate community corrections
services program. The court may also order that supervision continue thereafter for the
length of time authorized by K.S.A. 21-4611 and amendments thereto.

      (f) When it is provided by law that a person shall be sentenced pursuant to K.S.A. 1993
Supp. 21-4628, prior to its repeal, the provisions of this section shall not apply.

      Sec.  5. On and after July 1, 2000, K.S.A. 1999 Supp. 21-4610 is hereby amended to
read as follows: 21-4610. (a) Except as required by subsection (d), nothing in this section
shall be construed to limit the authority of the court to impose or modify any general or
specific conditions of probation, suspension of sentence or assignment to a community
correctional services program, except that the court shall condition any order granting
probation, suspension of sentence or assignment to a community correctional services
program on the defendant's obedience of the laws of the United States, the state of Kansas
and any other jurisdiction to the laws of which the defendant may be subject.

      (b) The court services officer or community correctional services officer may
recommend, and the court may order, the imposition of any conditions of probation,
suspension of sentence or assignment to a community correctional services program. For
crimes committed on or after July 1, 1993, in presumptive nonprison cases, the court services
officer or community correctional services officer may recommend, and the court may order,
the imposition of any conditions of probation or assignment to a community correctional
services program. The court may at any time order the modification of such conditions,
after notice to the court services officer or community correctional services officer and an
opportunity for such officer to be heard thereon. The court shall cause a copy of any such
order to be delivered to the court services officer and the probationer or to the community
correctional services officer and the community corrections participant, as the case may be.

      (c) The court may impose any conditions of probation, suspension of sentence or
assignment to a community correctional services program that the court deems proper,
including but not limited to requiring that the defendant:

      (1) Avoid such injurious or vicious habits, as directed by the court, court services officer
or community correctional services officer;

      (2) avoid such persons or places of disreputable or harmful character, as directed by
the court, court services officer or community correctional services officer;

      (3) report to the court services officer or community correctional services officer as
directed;

      (4) permit the court services officer or community correctional services officer to visit
the defendant at home or elsewhere;

      (5) work faithfully at suitable employment insofar as possible;

      (6) remain within the state unless the court grants permission to leave;

      (7) pay a fine or costs, applicable to the offense, in one or several sums and in the
manner as directed by the court;

      (8) support the defendant's dependents;

      (9) reside in a residential facility located in the community and participate in
educational, counseling, work and other correctional or rehabilitative programs;

      (10) perform community or public service work for local governmental agencies, private
corporations organized not for profit, or charitable or social service organizations performing
services for the community;

      (11) perform services under a system of day fines whereby the defendant is required to
satisfy fines, costs or reparation or restitution obligations by performing services for a period
of days determined by the court on the basis of ability to pay, standard of living, support
obligations and other factors;

      (12) participate in a house arrest program pursuant to K.S.A. 21-4603b, and
amendments thereto;

      (13) order the defendant to pay the administrative fee authorized by K.S.A. 1999 Supp.
22-4529 and amendments thereto, unless waived by the court; or

      (14) in felony cases, except for violations of K.S.A. 8-1567 and amendments thereto, be
confined in a county jail not to exceed 30 120 days, which need not be served consecutively.

      (d) In addition to any other conditions of probation, suspension of sentence or
assignment to a community correctional services program, the court shall order the
defendant to comply with each of the following conditions:

      (1) Make reparation or restitution to the aggrieved party for the damage or loss caused
by the defendant's crime, in an amount and manner determined by the court and to the
person specified by the court, unless the court finds compelling circumstances which would
render a plan of restitution unworkable. If the court finds a plan of restitution unworkable,
the court shall state on the record in detail the reasons therefor;

      (2) pay the probation or community correctional services fee pursuant to K.S.A. 21-
4610a, and amendments thereto; and

      (3) reimburse the state general fund for all or a part of the expenditures by the state
board of indigents' defense services to provide counsel and other defense services to the
defendant. In determining the amount and method of payment of such sum, the court shall
take account of the financial resources of the defendant and the nature of the burden that
payment of such sum will impose. A defendant who has been required to pay such sum and
who is not willfully in default in the payment thereof may at any time petition the court
which sentenced the defendant to waive payment of such sum or of any unpaid portion
thereof. If it appears to the satisfaction of the court that payment of the amount due will
impose manifest hardship on the defendant or the defendant's immediate family, the court
may waive payment of all or part of the amount due or modify the method of payment. The
amount of attorney fees to be included in the court order for reimbursement shall be the
amount claimed by appointed counsel on the payment voucher for indigents' defense
services or the amount prescribed by the board of indigents' defense services reimbursement
tables as provided in K.S.A. 22-4522, and amendments thereto, whichever is less.

      Sec.  6. K.S.A. 1999 Supp. 21-4611 is hereby amended to read as follows: 21-4611. (a)
The period of suspension of sentence, probation or assignment to community corrections
fixed by the court shall not exceed five years in felony cases involving crimes committed
prior to July 1, 1993, or two years in misdemeanor cases, subject to renewal and extension
for additional fixed periods not exceeding five years in such felony cases, nor two years in
misdemeanor cases. In no event shall the total period of probation, suspension of sentence
or assignment to community corrections for a felony committed prior to July 1, 1993, exceed
the greatest maximum term provided by law for the crime, except that where the defendant
is convicted of nonsupport of a child, the period may be continued as long as the
responsibility for support continues. Probation, suspension of sentence or assignment to
community corrections may be terminated by the court at any time and upon such
termination or upon termination by expiration of the term of probation, suspension of
sentence or assignment to community corrections, an order to this effect shall be entered
by the court.

      (b) The district court having jurisdiction of the offender may parole any misdemeanant
sentenced to confinement in the county jail. The period of such parole shall be fixed by the
court and shall not exceed two years and shall be terminated in the manner provided for
termination of suspended sentence and probation.

      (c) For all crimes committed on or after July 1, 1993, the recommended duration of
probation in all felony cases sentenced for the following severity levels on the sentencing
guidelines grid for nondrug crimes and the sentencing guidelines grid for drug crimes is as
follows:

      (1) For nondrug crimes the recommended duration of probations is:

      (A) Thirty-six months for crimes in crime severity levels 1 through 5; and

      (B) 24 months for crimes in crime severity levels 6 through 10 and 7; and.

      (2) For drug crimes:
      (A) Thirty-six the recommended duration of probation is 36 months for crimes in crime
severity levels 1 through 3 and 2; and.

      (B) 24 months for crimes in crime severity level 4.

      (3) In felony cases sentenced at severity levels 9 and 10 on the sentencing guidelines
grid for nondrug crimes and severity level 4 on the sentencing guidelines grid for drug crimes,
if a nonprison sanction is imposed, the court shall order the defendant to serve a period of
probation, or assignment to a community correctional services program as provided under
K.S.A. 75-5291 et seq., and amendments thereto, of up to 12 months in length.
      (4) In felony cases sentenced at severity level 8 on the sentencing guidelines grid for
nondrug crimes and severity level 3 on the sentencing guidelines grid for drug crimes, if a
nonprison sanction is imposed, the court shall order the defendant to serve a period of
probation, or assignment to a community correctional services program, as provided under
K.S.A. 75-5291 et seq., and amendments thereto, of up to 18 months in length.
      (5) If the court finds and sets forth with particularity the reasons for finding that the
safety of the members of the public will be jeopardized or that the welfare of the inmate will
not be served by the length of the probation terms provided in subsections (c)(3) and (c)(4),
the court may impose a longer period of probation. Such an increase shall not be considered
a departure and shall not be subject to appeal.
      (6) Except as provided in subsections (c)(4) and (c)(5) (c)(7) and (c)(8), the total period
in all cases shall not exceed 60 months, or the maximum period of the prison sentence that
could be imposed whichever is longer. Nonprison sentences may be terminated by the court
at any time.

      (4) (7) If the defendant is convicted of nonsupport of a child, the period may be
continued as long as the responsibility for support continues. If the defendant is ordered to
pay full or partial restitution, the period may be continued as long as the amount of
restitution ordered has not been paid.

      (5) (8) The court may modify or extend the offender's period of supervision, pursuant
to a modification hearing and a judicial finding of necessity. Such extensions may be made
for a maximum period of five years or the maximum period of the prison sentence that
could be imposed, whichever is longer, inclusive of the original supervision term.

      (d) The provisions of subsection (c), as amended by this act, shall be applied
retroactively. The sentencing court shall direct that a review of all persons serving a
nonprison sanction for a crime in severity levels 8, 9 or 10 of the sentencing guidelines grid
for nondrug crimes or a crime in severity levels 3 or 4 of the sentencing guidelines grid for
drug crimes be conducted. On or before September 1, 2000, the duration of such person's
probation shall be modified in conformity with the provisions of subsection (c).

      Sec.  7. On and after July 1, 2000, K.S.A. 1999 Supp. 21-4704 is hereby amended to
read as follows: 21-4704. (a) For purposes of sentencing, the following sentencing guidelines
grid for nondrug crimes shall be applied in felony cases for crimes committed on or after
July 1, 1993:


      (b) The provisions of this section shall be applicable to the sentencing guidelines grid
for nondrug crimes. Sentences expressed in such grid represent months of imprisonment.

      (c) The sentencing guidelines grid is a two-dimensional crime severity and criminal
history classification tool. The grid's vertical axis is the crime severity scale which classifies
current crimes of conviction. The grid's horizontal axis is the criminal history scale which
classifies criminal histories.

      (d) The sentencing guidelines grid for nondrug crimes as provided in this section defines
presumptive punishments for felony convictions, subject to judicial discretion to deviate for
substantial and compelling reasons and impose a different sentence in recognition of
aggravating and mitigating factors as provided in this act. The appropriate punishment for
a felony conviction should depend on the severity of the crime of conviction when compared
to all other crimes and the offender's criminal history.

      (e)  (1) The sentencing court has discretion to sentence at any place within the
sentencing range. The sentencing judge shall select the center of the range in the usual case
and reserve the upper and lower limits for aggravating and mitigating factors insufficient to
warrant a departure.

      (2) In presumptive imprisonment cases, the sentencing court shall pronounce the
complete sentence which shall include the prison sentence, the maximum potential
reduction to such sentence as a result of good time and the period of postrelease supervision
at the sentencing hearing. Failure to pronounce the period of postrelease supervision shall
not negate the existence of such period of postrelease supervision.

      (3) In presumptive nonprison cases, the sentencing court shall pronounce the prison
sentence as well as the duration of the nonprison sanction at the sentencing hearing.

      (f) Each grid block states the presumptive sentencing range for an offender whose crime
of conviction and criminal history place such offender in that grid block. If an offense is
classified in a grid block below the dispositional line, the presumptive disposition shall be
nonimprisonment. If an offense is classified in a grid block above the dispositional line, the
presumptive disposition shall be imprisonment. If an offense is classified in grid blocks 5-
H, 5-I or 6-G, the court may impose an optional nonprison sentence upon making the
following findings on the record:

      (1) An appropriate treatment program exists which is likely to be more effective than
the presumptive prison term in reducing the risk of offender recidivism; and

      (2) the recommended treatment program is available and the offender can be admitted
to such program within a reasonable period of time; or

      (3) the nonprison sanction will serve community safety interests by promoting offender
reformation.

      Any decision made by the court regarding the imposition of an optional nonprison
sentence if the offense is classified in grid blocks 5-H, 5-I or 6-G shall not be considered a
departure and shall not be subject to appeal.

      (g) The sentence for the violation of K.S.A. 21-3411, aggravated assault against a law
enforcement officer or K.S.A. 21-3415, aggravated battery against a law enforcement officer
and amendments thereto which places the defendant's sentence in grid block 6-H or 6-I
shall be presumed imprisonment. The court may impose an optional nonprison sentence
upon making a finding on the record that the nonprison sanction will serve community
safety interests by promoting offender reformation. Any decision made by the court
regarding the imposition of the optional nonprison sentence, if the offense is classified in
grid block 6-H or 6-I, shall not be considered departure and shall not be subject to appeal.

      (h) When a firearm is used to commit any person felony, the offender's sentence shall
be presumed imprisonment. The court may impose an optional nonprison sentence upon
making a finding on the record that the nonprison sanction will serve community safety
interests by promoting offender reformation. Any decision made by the court regarding the
imposition of the optional nonprison sentence shall not be considered a departure and shall
not be subject to appeal.

      (i) The sentence for the violation of the felony provision of K.S.A. 8-1567 and subsection
(c)(3) of K.S.A. 21-3412 and amendments thereto shall be as provided by the specific
mandatory sentencing requirements of that section and shall not be subject to the provisions
of this section or K.S.A. 21-4707 and amendments thereto. Notwithstanding the provisions
of any other section, the term of imprisonment imposed for the violation of the felony
provision of K.S.A. 8-1567 and subsection (c)(3) of K.S.A. 21-3412 and amendments thereto
shall not be served in a state facility in the custody of the secretary of corrections.

      (j) The sentence for any persistent sex offender whose current convicted crime carries
a presumptive term of imprisonment shall be double the maximum duration of the
presumptive imprisonment term. The sentence for any persistent sex offender whose current
conviction carries a presumptive nonprison term shall be presumed imprisonment and shall
be double the maximum duration of the presumptive imprisonment term. Except as
otherwise provided in this subsection, as used in this subsection, ``persistent sex offender''
means a person who: (1) Has been convicted in this state of a sexually violent crime, as
defined in K.S.A. 22-3717 and amendments thereto; and (2) at the time of the conviction
under subsection (1) has at least one conviction for a sexually violent crime, as defined in
K.S.A. 22-3717 and amendments thereto in this state or comparable felony under the laws
of another state, the federal government or a foreign government. The provisions of this
subsection shall not apply to any person whose current convicted crime is a severity level 1
or 2 felony.

      (k) If it is shown at sentencing that the offender committed any felony violation for the
benefit of, at the direction of, or in association with any criminal street gang, with the specific
intent to promote, further or assist in any criminal conduct by gang members, the offender's
sentence shall be presumed imprisonment. Any decision made by the court regarding the
imposition of the optional nonprison sentence shall not be considered a departure and shall
not be subject to appeal. As used in this subsection, ``criminal street gang'' means any
organization, association or group of three or more persons, whether formal or informal,
having as one of its primary activities the commission of one or more person felonies or
felony violations of the uniform controlled substances act, K.S.A. 65-4101 et seq., and
amendments thereto, which has a common name or common identifying sign or symbol,
whose members, individually or collectively engage in or have engaged in the commission,
attempted commission, conspiracy to commit or solicitation of two or more person felonies
or felony violations of the uniform controlled substances act, K.S.A. 65-4101 et seq., and
amendments thereto, or any substantially similar offense from another jurisdiction.

      (l) The sentence for a violation of subsection (a) of K.S.A. 21-3715 and amendments
thereto when such person being sentenced has a prior conviction for a violation of subsection
(a) or (b) of K.S.A. 21-3715 or 21-3716 and amendments thereto shall be presumed
imprisonment.

      Sec.  8. On and after July 1, 2000, K.S.A. 1999 Supp. 21-4705 is hereby amended to
read as follows: 21-4705. (a) For the purpose of sentencing, the following sentencing
guidelines grid for drug crimes shall be applied in felony cases under the uniform controlled
substances act for crimes committed on or after July 1, 1993:


      (b) The provisions of subsection (a) will apply for the purpose of sentencing violations
of the uniform controlled substances act except as otherwise provided by law. Sentences
expressed in the sentencing guidelines grid for drug crimes in subsection (a) represent
months of imprisonment.

      (c)  (1) The sentencing court has discretion to sentence at any place within the
sentencing range. The sentencing judge shall select the center of the range in the usual case
and reserve the upper and lower limits for aggravating and mitigating factors insufficient to
warrant a departure. The sentencing court shall not distinguish between the controlled
substances cocaine base (9041L000) and cocaine hydrochloride (9041L005) when
sentencing within the sentencing range of the grid block.

      (2) In presumptive imprisonment cases, the sentencing court shall pronounce the
complete sentence which shall include the prison sentence, the maximum potential
reduction to such sentence as a result of good time and the period of postrelease supervision
at the sentencing hearing. Failure to pronounce the period of postrelease supervision shall
not negate the existence of such period of postrelease supervision.

      (3) In presumptive nonprison cases, the sentencing court shall pronounce the prison
sentence as well as the duration of the nonprison sanction at the sentencing hearing.

      (d) Each grid block states the presumptive sentencing range for an offender whose
crime of conviction and criminal history place such offender in that grid block. If an offense
is classified in a grid block below the dispositional line, the presumptive disposition shall be
nonimprisonment. If an offense is classified in a grid block above the dispositional line, the
presumptive disposition shall be imprisonment. If an offense is classified in grid blocks 3-
E, 3-F, 3-G, 3-H, 3-I, 4-E or 4-F, the court may impose an optional nonprison sentence
upon making the following findings on the record:

      (1) An appropriate treatment program exists which is likely to be more effective than
the presumptive prison term in reducing the risk of offender recidivism; and

      (2) the recommended treatment program is available and the offender can be admitted
to such program within a reasonable period of time; or

      (3) the nonprison sanction will serve community safety interests by promoting offender
reformation.

      Any decision made by the court regarding the imposition of an optional nonprison
sentence if the offense is classified in grid blocks 3-E, 3-F, 3-G, 3-H, 3-I, 4-E or 4-F shall
not be considered a departure and shall not be subject to appeal.

      (e) The sentence for a second or subsequent conviction of K.S.A. 65-4159 and
amendments thereto, manufacture of any controlled substance or controlled substance
analog shall be a presumptive term of imprisonment of two times the maximum duration
of the presumptive term of imprisonment. The court may impose an optional reduction in
such sentence of not to exceed 50% of the mandatory increase provided by this subsection
upon making a finding on the record that one or more of the mitigating factors as specified
in K.S.A. 21-4716 and amendments thereto justify such a reduction in sentence. Any decision
made by the court regarding the reduction in such sentence shall not be considered a
departure and shall not be subject to appeal.

      Sec.  9. On and after July 1, 2000, K.S.A. 21-4709 is hereby amended to read as follows:
21-4709. The criminal history scale is represented in abbreviated form on the horizontal
axis of the sentencing guidelines grid for nondrug crimes and the sentencing guidelines grid
for drug crimes. The relative severity of each criminal history category decreases from left
to right on such grids. Criminal history category A is the most serious classification. Criminal
history category I H is the least serious classification. The criminal history categories in the
criminal history scale are:

Criminal

History

Category  Descriptive Criminal History
AThe offender's criminal history includes three or more adult convictions or juvenileadjudications, in any combination, for person felonies.
BThe offender's criminal history includes two adult convictions or juvenileadjudications, in any combination, for person felonies.
CThe offender's criminal history includes one adult conviction or juvenile adjudicationfor a person felony, and one or more adult conviction or juvenile adjudicationfor a nonperson felony.
DThe offender's criminal history includes one adult conviction or juvenile adjudicationfor a person felony, but no adult conviction or juvenile adjudications for anonperson felony.
EThe offender's criminal history includes three or more adult convictions or juvenileadjudications for nonperson felonies, but no adult conviction or juvenileadjudication for a person felony.
FThe offender's criminal history includes two adult convictions or juvenileadjudications for nonperson felonies, but no adult conviction or juvenileadjudication for a person felony.
GThe offender's criminal history includes one adult conviction or juvenile adjudicationfor a nonperson felony, but no adult conviction or juvenile adjudication for aperson felony.
HThe offender's criminal history includes two or more adult a conviction orconvictions or juvenile adjudications for nonperson and/or or selectmisdemeanors, and no more than two adult, or both, or a conviction orconvictions or juvenile adjudications for person misdemeanors, but noadult conviction or juvenile adjudication for either a person or nonpersonfelony or the offender's criminal history includes no prior record.
Ithe offender's criminal history includes no prior record; or, one adult conviction orjuvenile adjudication for a person, nonperson, or select misdemeanor, but noadult conviction or juvenile adjudication for either a person or nonperson felony.


      Sec.  10. On and after July 1, 2000, K.S.A. 1999 Supp. 21-4720 is hereby amended to
read as follows: 21-4720. (a) The provisions of subsections (a), (b), (c), (d), (e) and (h) of
K.S.A. 21-4608 and amendments thereto regarding multiple sentences shall apply to the
sentencing of offenders for crimes committed on or after July 1, 1993, pursuant to the
sentencing guidelines system as provided in this act. The mandatory consecutive
requirements contained in subsections (c), (d) and (e) shall not apply if such application
would result in a manifest injustice.

      (b) The sentencing judge shall otherwise have discretion to impose concurrent or
consecutive sentences in multiple conviction cases. The sentencing judge shall state on the
record if the sentence is to be served concurrently or consecutively. In cases where
consecutive sentences may be imposed by the sentencing judge, the following shall apply:

      (1) When the sentencing judge imposes multiple sentences consecutively, the
consecutive sentences shall consist of an imprisonment term which is the sum of the
consecutive imprisonment terms, and a supervision term. The postrelease supervision term
will be based on the longest supervision term imposed for any of the crimes.

      (2) The sentencing judge must establish a base sentence for the primary crime. The
primary crime is the crime with the highest crime severity ranking. An off-grid crime shall
not be used as the primary crime in determining the base sentence when imposing multiple
sentences. If sentences for off-grid and on-grid convictions are ordered to run consecutively,
the offender shall not begin to serve the on-grid sentence until paroled from the off-grid
sentence, and the postrelease supervision term will be based on the off-grid crime. If more
than one crime of conviction is classified in the same crime category, the sentencing judge
must designate which crime will serve as the primary crime. In the instance of sentencing
with both the drug grid and the nondrug grid and simultaneously having a presumption of
imprisonment and probation, the sentencing judge will use the crime which presumes
imprisonment as the primary crime. In the instance of sentencing with both the drug grid
and the nondrug grid and simultaneously having a presumption of either both probation or
both imprisonment, the sentencing judge will use the crime with the longest sentence term
within the grid block range as the primary crime.

      (3) The base sentence is set using the total criminal history score assigned.

      (4) The total prison sentence imposed in a case involving multiple convictions arising
from multiple counts within an information, complaint or indictment cannot exceed twice
the base sentence. This limit shall apply only to the total sentence, and it shall not be
necessary to reduce the duration of any of the nonbase sentences imposed to be served
consecutively to the base sentence. The postrelease supervision term will reflect only the
longest such term assigned to any of the crimes for which consecutive sentences are imposed.
Supervision periods will not be aggregated.

      (5) Nonbase sentences will not have criminal history scores applied, as calculated in the
criminal history I H column of the grid, but base sentences will have the full criminal history
score assigned.

      (6) If the sentence for the primary crime is a prison term, the entire imprisonment term
of the consecutive sentences will be served in prison.

      (7) If the sentence for the consecutive sentences is a prison term, the postrelease
supervision term is a term of postrelease supervision as established for the primary crime.

      (8) If the sentence for the primary crime is a nonprison sentence, a nonprison term will
be imposed for each crime conviction, but the nonprison terms shall not be aggregated or
served consecutively even though the underlying prison sentences have been ordered to be
served consecutively. Upon revocation of the nonprison sentence, the offender shall serve
the prison sentences consecutively as provided in this section.

      (c) The following shall apply for a departure from the presumptive sentence based on
aggravating factors within the context of consecutive sentences:

      (1) The court may depart from the presumptive limits for consecutive sentences only if
the judge finds substantial and compelling reasons to impose a departure sentence for any
of the individual crimes being sentenced consecutively.

      (2) When a departure sentence is imposed for any of the individual crimes sentenced
consecutively, the imprisonment term of that departure sentence shall not exceed twice the
maximum presumptive imprisonment term that may be imposed for that crime.

      (3) The total imprisonment term of the consecutive sentences, including the
imprisonment term for the departure crime, shall not exceed twice the maximum
presumptive imprisonment term of the departure sentence following aggravation.

      Sec.  11. K.S.A. 22-3716 is hereby amended to read as follows: 22-3716. (a) At any time
during probation, assignment to a community correctional services program, suspension of
sentence or pursuant to subsection (d) for defendants who committed a crime prior to July
1, 1993, and at any time during which a defendant is serving a nonprison sanction for a
crime committed on or after July 1, 1993, or pursuant to subsection (d), the court may issue
a warrant for the arrest of a defendant for violation of any of the conditions of release or
assignment, a notice to appear to answer to a charge of violation or a violation of the
defendant's nonprison sanction. The notice shall be personally served upon the defendant.
The warrant shall authorize all officers named in the warrant to return the defendant to the
custody of the court or to any certified detention facility designated by the court. Any court
services officer or community correctional services officer may arrest the defendant without
a warrant or may deputize any other officer with power of arrest to do so by giving the
officer a written statement setting forth that the defendant has, in the judgment of the court
services officer or community correctional services officer, violated the conditions of the
defendant's release or a nonprison sanction. The written statement delivered with the
defendant by the arresting officer to the official in charge of a county jail or other place of
detention shall be sufficient warrant for the detention of the defendant. After making an
arrest, the court services officer or community correctional services officer shall present to
the detaining authorities a similar statement of the circumstances of violation. Provisions
regarding release on bail of persons charged with a crime shall be applicable to defendants
arrested under these provisions.

      (b) Upon arrest and detention pursuant to subsection (a), the court services officer or
community correctional services officer shall immediately notify the court and shall submit
in writing a report showing in what manner the defendant has violated the conditions of
release or assignment or a nonprison sanction. Thereupon, or upon an arrest by warrant as
provided in this section, the court shall cause the defendant to be brought before it without
unnecessary delay for a hearing on the violation charged. The hearing shall be in open court
and the state shall have the burden of establishing the violation. The defendant shall have
the right to be represented by counsel and shall be informed by the judge that, if the
defendant is financially unable to obtain counsel, an attorney will be appointed to represent
the defendant. The defendant shall have the right to present the testimony of witnesses and
other evidence on the defendant's behalf. Relevant written statements made under oath
may be admitted and considered by the court along with other evidence presented at the
hearing. Except as otherwise provided, if the violation is established, the court may continue
or revoke the probation, assignment to a community correctional services program,
suspension of sentence or nonprison sanction and may require the defendant to serve the
sentence imposed, or any lesser sentence, and, if imposition of sentence was suspended,
may impose any sentence which might originally have been imposed. On and after July 1,
2000, and except as otherwise provided, no offender for whom a violation of conditions of
release or assignment or a nonprison sanction has been established as provided in this section
shall be required to serve any time for the sentence imposed or which might originally have
been imposed in a state facility in the custody of the secretary of corrections for such
violation, unless such person has already at least one prior assignment to a community
correctional services program related to the crime for which the original sentence was
imposed, except these provisions shall not apply to offenders who violate a condition of
release or assignment or a nonprison sanction by committing a new misdemeanor or felony
offense. The court may require an offender for whom a violation of conditions of release or
assignment or a nonprison sanction has been established as provided in this section to serve
any time for the sentence imposed or which might originally have been imposed in a state
facility in the custody of the secretary of corrections without a prior assignment to a
community correctional services program if the court finds and sets forth with particularity
the reasons for finding that the safety of the members of the public will be jeopardized or
that the welfare of the inmate will not be served by such assignment to a community
correctional services program. When a new felony is committed while the offender is on
probation or assignment to a community correctional services program, the new sentence
shall be imposed pursuant to the consecutive sentencing requirements of K.S.A. 21-4608
and amendments thereto, and the court may sentence the offender to imprisonment for the
new conviction, even when the new crime of conviction otherwise presumes a nonprison
sentence. In this event, imposition of a prison sentence for the new crime does not constitute
a departure.

      (c) A defendant who is on probation, assigned to a community correctional services
program, under suspension of sentence or serving a nonprison sanction and for whose return
a warrant has been issued by the court shall be considered a fugitive from justice if it is
found that the warrant cannot be served. If it appears that the defendant has violated the
provisions of the defendant's release or assignment or a nonprison sanction, the court shall
determine whether the time from the issuing of the warrant to the date of the defendant's
arrest, or any part of it, shall be counted as time served on probation, assignment to a
community correctional services program, suspended sentence or pursuant to a nonprison
sanction.

      (d) The court shall have 30 days following the date probation, assignment to a
community correctional service program, suspension of sentence or a nonprison sanction
was to end to issue a warrant for the arrest or notice to appear for the defendant to answer
a charge of a violation of the conditions of probation, assignment to a community
correctional service program, suspension of sentence or a nonprison sanction.

      (e) Notwithstanding the provisions of any other law to the contrary, a term of
imprisonment may not be imposed upon revocation of a nonprison sanction of any offender
sentenced for a crime in severity level 9 or severity level 10 on the sentencing guidelines grid
for nondrug crimes, due to a violation of a condition of release or assignment of the nonprison
sanction, except that these provisions shall not apply to offenders whose revocation of release
or assignment of the nonprison sanction results from a conviction for a new misdemeanor
or felony offense or who are incarcerated or on postrelease supervision and are serving or
are to begin serving any other felony sentence that is not excluded from imprisonment by
this subsection on the effective date of this subsection. The provisions of this subsection shall
be applied retroactively to offenders convicted of a crime in severity level 9 and 10 on the
sentencing guidelines grid for nondrug crimes. The department of corrections shall conduct
a review of all persons who are in the custody of the department as a result of only a
revocation of a nonprison sanction for a crime in severity level 9 or 10 on the sentencing
guidelines grid for nondrug crimes which did not result from a conviction for a new
misdemeanor or felony crime. On or before September 1, 2000, the department shall release
from imprisonment or postrelease supervision those offenders as required by this subsection.
The department shall notify the sentencing court of the date upon which the offender is to
be discharged from the department's custody pursuant to this subsection at least 14 days
prior to the date of discharge. The sentencing court may impose upon such offender any
nonprison sanction or condition authorized by law.
      (f) Notwithstanding the provisions of any other law to the contrary, an offender whose
nonprison sanction is revoked and a term of imprisonment imposed pursuant to either the
sentencing guidelines grid for nondrug or drug crimes shall not serve a period of postrelease
supervision upon the completion of the prison portion of that sentence. The provisions of
this subsection shall not apply to offenders sentenced to a nonprison sanction pursuant to a
dispositional departure, whose offense falls within a border box of either the sentencing
guidelines grid for nondrug or drug crimes, offenders sentenced for a ``sexually violent crime''
as defined by K.S.A. 22-3717, and amendments thereto, or whose nonprison sanction was
revoked as a result of a conviction for a new misdemeanor or felony offense. The provisions
of this subsection shall not apply to offenders who are serving or are to begin serving a
sentence for any other felony offense that is not excluded from postrelease supervision by
this subsection on the effective date of this subsection. The provisions of this subsection shall
be applied retroactively. The department of corrections shall conduct a review of all persons
who are in the custody of the department as a result of only a revocation of a nonprison
sanction. On or before September 1, 2000, the department shall have discharged from
postrelease supervision those offenders as required by this subsection.

      Sec.  12. K.S.A. 1999 Supp. 22-3717 is hereby amended to read as follows: 22-3717. (a)
Except as otherwise provided by this section, K.S.A. 1993 Supp. 21-4628 prior to its repeal
and K.S.A. 21-4635 through 21-4638 and amendments thereto, an inmate, including an
inmate sentenced pursuant to K.S.A. 21-4618 and amendments thereto, shall be eligible for
parole after serving the entire minimum sentence imposed by the court, less good time
credits.

      (b)  (1) Except as provided by K.S.A. 21-4635 through 21-4638 and amendments
thereto, an inmate sentenced to imprisonment for the crime of capital murder, or an inmate
sentenced for the crime of murder in the first degree based upon a finding of premeditated
murder, committed on or after July 1, 1994, shall be eligible for parole after serving 25 years
of confinement, without deduction of any good time credits.

      (2) Except as provided by subsection (b)(1) or (b)(4), K.S.A. 1993 Supp. 21-4628 prior
to its repeal and K.S.A. 21-4635 through 21-4638, and amendments thereto, an inmate
sentenced to imprisonment for an off-grid offense committed on or after July 1, 1993, but
prior to July 1, 1999, shall be eligible for parole after serving 15 years of confinement,
without deduction of any good time credits and an inmate sentenced to imprisonment for
an off-grid offense committed on or after July 1, 1999, shall be eligible for parole after
serving 20 years of confinement without deduction of any good time credits.

      (3) Except as provided by K.S.A. 1993 Supp. 21-4628 prior to its repeal, an inmate
sentenced for a class A felony committed before July 1, 1993, including an inmate sentenced
pursuant to K.S.A. 21-4618 and amendments thereto, shall be eligible for parole after serving
15 years of confinement, without deduction of any good time credits.

      (4) An inmate sentenced to imprisonment for a violation of subsection (a) of K.S.A. 21-
3402 and amendments thereto committed on or after July 1, 1996, but prior to July 1, 1999,
shall be eligible for parole after serving 10 years of confinement without deduction of any
good time credits.

      (c) Except as provided in subsection (e), if an inmate is sentenced to imprisonment for
more than one crime and the sentences run consecutively, the inmate shall be eligible for
parole after serving the total of:

      (1) The aggregate minimum sentences, as determined pursuant to K.S.A. 21-4608 and
amendments thereto, less good time credits for those crimes which are not class A felonies;
and

      (2) an additional 15 years, without deduction of good time credits, for each crime which
is a class A felony.

      (d)  (1) Persons sentenced for crimes, other than off-grid crimes, committed on or after
July 1, 1993, will not be eligible for parole, but will be released to a mandatory period of
postrelease supervision upon completion of the prison portion of their sentence as follows:

      (A) Except as provided in subparagraphs (C) and (D) and (E), persons sentenced for
nondrug severity level 1 through 6 4 crimes and drug severity levels 1 through 3 and 2
crimes must serve 36 months, plus the amount of good time earned and retained pursuant
to K.S.A. 21-4722 and amendments thereto, on postrelease supervision.

      (B) Except as provided in subparagraphs (D) and (E), persons sentenced for nondrug
severity levels 5 and 6 crimes and drug severity level 3 crimes must serve 24 months, plus
the amount of good time earned and retained pursuant to K.S.A. 21-4722, and amendments
thereto, on postrelease supervision.
      (C) Except as provided in subparagraphs (C) and (D) and (E), persons sentenced for
nondrug severity level 7 through 10 crimes and drug severity level 4 crimes must serve 24
12 months, plus the amount of good time earned and retained pursuant to K.S.A. 21-4722
and amendments thereto, on postrelease supervision.

      (C) (D)  (i) The sentencing judge shall impose the postrelease supervision period
provided in subparagraph (d)(1)(A) or, (d)(1)(B) or (d)(1)(C), unless the judge finds
substantial and compelling reasons to impose a departure based upon a finding that the
current crime of conviction was sexually violent or sexually motivated. In that event,
departure may be imposed to extend the postrelease supervision to a period of up to 60
months.

      (ii) If the sentencing judge departs from the presumptive postrelease supervision period,
the judge shall state on the record at the time of sentencing the substantial and compelling
reasons for the departure. Departures in this section are subject to appeal pursuant to K.S.A.
21-4721 and amendments thereto.

      (iii) In determining whether substantial and compelling reasons exist, the court shall
consider:

      (a) Written briefs or oral arguments submitted by either the defendant or the state;

      (b) any evidence received during the proceeding;

      (c) the presentence report, the victim's impact statement and any psychological
evaluation as ordered by the court pursuant to subsection (e) of K.S.A. 21-4714 and
amendments thereto; and

      (d) any other evidence the court finds trustworthy and reliable.

      (iv) The sentencing judge may order that a psychological evaluation be prepared and
the recommended programming be completed by the offender. The department of
corrections or the parole board shall ensure that court ordered sex offender treatment be
carried out.

      (v) In carrying out the provisions of subparagraph (d)(1)(C) (d)(1)(D), the court shall
refer to K.S.A. 21-4718 and amendments thereto.

      (vi) Upon petition, the parole board may provide for early discharge from the
postrelease supervision period upon completion of court ordered programs and completion
of the presumptive postrelease supervision period, as determined by the crime of conviction,
pursuant to subparagraph (d)(1)(A) or (B), (d)(1)(B) or (d)(1)(C). Early discharge from
postrelease supervision is at the discretion of the parole board.

      (vii) Persons convicted of crimes deemed sexually violent or sexually motivated, shall
be registered according to the habitual sex offender registration act, K.S.A. 22-4901 through
22-4910 and amendments thereto.

      (D) (E) The period of postrelease supervision provided in subparagraphs (A) and (B)
may be reduced by up to 12 months and the period of postrelease supervision provided in
subparagraph (C) may be reduced by up to six months based on the offender's compliance
with conditions of supervision and overall performance while on postrelease supervision.
The reduction in the supervision period shall be on an earned basis pursuant to rules and
regulations adopted by the secretary of corrections.

      (E) (F) In cases where sentences for crimes from more than one severity level have
been imposed, the offender shall serve the longest period of postrelease supervision as
provided by this section available for any crime upon which sentence was imposed
irrespective of the severity level of the crime. Supervision periods will not aggregate.

      (2) As used in this section, ``sexually violent crime'' means:

      (A) Rape, K.S.A. 21-3502, and amendments thereto;

      (B) indecent liberties with a child, K.S.A. 21-3503, and amendments thereto;

      (C) aggravated indecent liberties with a child, K.S.A. 21-3504, and amendments thereto;

      (D) criminal sodomy, subsection (a)(2) and (a)(3) of K.S.A. 21-3505 and amendments
thereto;

      (E) aggravated criminal sodomy, K.S.A. 21-3506, and amendments thereto;

      (F) indecent solicitation of a child, K.S.A. 21-3510, and amendments thereto;

      (G) aggravated indecent solicitation of a child, K.S.A. 21-3511, and amendments
thereto;

      (H) sexual exploitation of a child, K.S.A. 21-3516, and amendments thereto;

      (I) aggravated sexual battery, K.S.A. 21-3518, and amendments thereto;

      (J) any conviction for a felony offense in effect at any time prior to the effective date
of this act, that is comparable to a sexually violent crime as defined in subparagraphs (A)
through (I), or any federal or other state conviction for a felony offense that under the laws
of this state would be a sexually violent crime as defined in this section;

      (K) an attempt, conspiracy or criminal solicitation, as defined in K.S.A. 21-3301, 21-
3302, 21-3303, and amendments thereto, of a sexually violent crime as defined in this
section; or

      (L) any act which at the time of sentencing for the offense has been determined beyond
a reasonable doubt to have been sexually motivated. As used in this subparagraph, ``sexually
motivated'' means that one of the purposes for which the defendant committed the crime
was for the purpose of the defendant's sexual gratification.

      (e) If an inmate is sentenced to imprisonment for a crime committed while on parole
or conditional release, the inmate shall be eligible for parole as provided by subsection (c),
except that the Kansas parole board may postpone the inmate's parole eligibility date by
assessing a penalty not exceeding the period of time which could have been assessed if the
inmate's parole or conditional release had been violated for reasons other than conviction
of a crime.

      (f) If a person is sentenced to prison for a crime committed on or after July 1, 1993,
while on probation, parole, conditional release or in a community corrections program, for
a crime committed prior to July 1, 1993, and the person is not eligible for retroactive
application of the sentencing guidelines and amendments thereto pursuant to K.S.A. 21-
4724 and amendments thereto, the new sentence shall not be aggregated with the old
sentence, but shall begin when the person is paroled or reaches the conditional release date
on the old sentence. If the offender was past the offender's conditional release date at the
time the new offense was committed, the new sentence shall not be aggregated with the
old sentence but shall begin when the person is ordered released by the Kansas parole board
or reaches the maximum sentence expiration date on the old sentence, whichever is earlier.
The new sentence shall then be served as otherwise provided by law. The period of
postrelease supervision shall be based on the new sentence, except that those offenders
whose old sentence is a term of imprisonment for life, imposed pursuant to K.S.A. 1993
Supp. 21-4628 prior to its repeal, or an indeterminate sentence with a maximum term of
life imprisonment, for which there is no conditional release or maximum sentence expiration
date, shall remain on postrelease supervision for life or until discharged from supervision
by the Kansas parole board.

      (g) Subject to the provisions of this section, the Kansas parole board may release on
parole those persons confined in institutions who are eligible for parole when: (1) The board
believes that the inmate should be released for hospitalization, for deportation or to answer
the warrant or other process of a court and is of the opinion that there is reasonable
probability that the inmate can be released without detriment to the community or to the
inmate; or (2) the secretary of corrections has reported to the board in writing that the
inmate has satisfactorily completed the programs required by any agreement entered under
K.S.A. 75-5210a and amendments thereto, or any revision of such agreement, and the board
believes that the inmate is able and willing to fulfill the obligations of a law abiding citizen
and is of the opinion that there is reasonable probability that the inmate can be released
without detriment to the community or to the inmate. Parole shall not be granted as an
award of clemency and shall not be considered a reduction of sentence or a pardon.

      (h) The Kansas parole board shall hold a parole hearing at least the month prior to the
month an inmate will be eligible for parole under subsections (a), (b) and (c). At least the
month preceding the parole hearing, the county or district attorney of the county where the
inmate was convicted shall give written notice of the time and place of the public comment
sessions for the inmate to any victim of the inmate's crime who is alive and whose address
is known to the county or district attorney or, if the victim is deceased, to the victim's family
if the family's address is known to the county or district attorney. Except as otherwise
provided, failure to notify pursuant to this section shall not be a reason to postpone a parole
hearing. In the case of any inmate convicted of a class A felony the secretary of corrections
shall give written notice of the time and place of the public comment session for such inmate
at least one month preceding the public comment session to any victim of such inmate's
crime or the victim's family pursuant to K.S.A. 74-7338 and amendments thereto. If
notification is not given to such victim or such victim's family in the case of any inmate
convicted of a class A felony, the board shall postpone a decision on parole of the inmate
to a time at least 30 days after notification is given as provided in this section. Nothing in
this section shall create a cause of action against the state or an employee of the state acting
within the scope of the employee's employment as a result of the failure to notify pursuant
to this section. If granted parole, the inmate may be released on parole on the date specified
by the board, but not earlier than the date the inmate is eligible for parole under subsections
(a), (b) and (c). At each parole hearing and, if parole is not granted, at such intervals
thereafter as it determines appropriate, the Kansas parole board shall consider: (1) Whether
the inmate has satisfactorily completed the programs required by any agreement entered
under K.S.A. 75-5210a and amendments thereto, or any revision of such agreement; and
(2) all pertinent information regarding such inmate, including, but not limited to, the
circumstances of the offense of the inmate; the presentence report; the previous social
history and criminal record of the inmate; the conduct, employment, and attitude of the
inmate in prison; the reports of such physical and mental examinations as have been made;
comments of the victim and the victim's family; comments of the public; official comments;
and capacity of state correctional institutions.

      (i) In those cases involving inmates sentenced for a crime committed after July 1, 1993,
the parole board will review the inmates proposed release plan. The board may schedule a
hearing if they desire. The board may impose any condition they deem necessary to insure
public safety, aid in the reintegration of the inmate into the community, or items not
completed under the agreement entered into under K.S.A. 75-5210a and amendments
thereto. The board may not advance or delay an inmate's release date. Every inmate while
on postrelease supervision shall remain in the legal custody of the secretary of corrections
and is subject to the orders of the secretary.

      (j) Before ordering the parole of any inmate, the Kansas parole board shall have the
inmate appear before either in person or via a video conferencing format and shall interview
the inmate unless impractical because of the inmate's physical or mental condition or
absence from the institution. Every inmate while on parole shall remain in the legal custody
of the secretary of corrections and is subject to the orders of the secretary. Whenever the
Kansas parole board formally considers placing an inmate on parole and no agreement has
been entered into with the inmate under K.S.A. 75-5210a and amendments thereto, the
board shall notify the inmate in writing of the reasons for not granting parole. If an
agreement has been entered under K.S.A. 75-5210a and amendments thereto and the
inmate has not satisfactorily completed the programs specified in the agreement, or any
revision of such agreement, the board shall notify the inmate in writing of the specific
programs the inmate must satisfactorily complete before parole will be granted. If parole is
not granted only because of a failure to satisfactorily complete such programs, the board
shall grant parole upon the secretary's certification that the inmate has successfully
completed such programs. If an agreement has been entered under K.S.A. 75-5210a and
amendments thereto and the secretary of corrections has reported to the board in writing
that the inmate has satisfactorily completed the programs required by such agreement, or
any revision thereof, the board shall not require further program participation. However, if
the board determines that other pertinent information regarding the inmate warrants the
inmate's not being released on parole, the board shall state in writing the reasons for not
granting the parole. If parole is denied for an inmate sentenced for a crime other than a
class A or class B felony or an off-grid felony, the board shall hold another parole hearing
for the inmate not later than one year after the denial unless the parole board finds that it
is not reasonable to expect that parole would be granted at a hearing if held in the next
three years or during the interim period of a deferral. In such case, the parole board may
defer subsequent parole hearings for up to three years but any such deferral by the board
shall require the board to state the basis for its findings. If parole is denied for an inmate
sentenced for a class A or class B felony or an off-grid felony, the board shall hold another
parole hearing for the inmate not later than three years after the denial unless the parole
board finds that it is not reasonable to expect that parole would be granted at a hearing if
held in the next 10 years or during the interim period of a deferral. In such case, the parole
board may defer subsequent parole hearings for up to 10 years but any such deferral shall
require the board to state the basis for its findings.

      (k) Parolees and persons on postrelease supervision shall be assigned, upon release, to
the appropriate level of supervision pursuant to the criteria established by the secretary of
corrections.

      (l) The Kansas parole board shall adopt rules and regulations in accordance with K.S.A.
77-415 et seq., and amendments thereto, not inconsistent with the law and as it may deem
proper or necessary, with respect to the conduct of parole hearings, postrelease supervision
reviews, revocation hearings, orders of restitution, reimbursement of expenditures by the
state board of indigents' defense services and other conditions to be imposed upon parolees
or releasees. Whenever an order for parole or postrelease supervision is issued it shall recite
the conditions thereof.

      (m) Whenever the Kansas parole board orders the parole of an inmate or establishes
conditions for an inmate placed on postrelease supervision, the board:

      (1) Unless it finds compelling circumstances which would render a plan of payment
unworkable, shall order as a condition of parole or postrelease supervision that the parolee
or the person on postrelease supervision pay any transportation expenses resulting from
returning the parolee or the person on postrelease supervision to this state to answer criminal
charges or a warrant for a violation of a condition of probation, assignment to a community
correctional services program, parole, conditional release or postrelease supervision;

      (2) to the extent practicable, shall order as a condition of parole or postrelease
supervision that the parolee or the person on postrelease supervision make progress towards
or successfully complete the equivalent of a secondary education if the inmate has not
previously completed such educational equivalent and is capable of doing so;

      (3) may order that the parolee or person on postrelease supervision perform community
or public service work for local governmental agencies, private corporations organized not-
for-profit or charitable or social service organizations performing services for the
community;

      (4) may order the parolee or person on postrelease supervision to pay the administrative
fee imposed pursuant to K.S.A. 1999 Supp. 22-4529 unless the board finds compelling
circumstances which would render payment unworkable; and

      (5) unless it finds compelling circumstances which would render a plan of payment
unworkable, shall order that the parolee or person on postrelease supervision reimburse the
state for all or part of the expenditures by the state board of indigents' defense services to
provide counsel and other defense services to the person. In determining the amount and
method of payment of such sum, the parole board shall take account of the financial
resources of the person and the nature of the burden that the payment of such sum will
impose. Such amount shall not exceed the amount claimed by appointed counsel on the
payment voucher for indigents' defense services or the amount prescribed by the board of
indigents' defense services reimbursement tables as provided in K.S.A. 22-4522 and
amendments thereto, whichever is less, minus any previous payments for such services.

      (n) If the court which sentenced an inmate specified at the time of sentencing the
amount and the recipient of any restitution ordered as a condition of parole or postrelease
supervision, the Kansas parole board shall order as a condition of parole or postrelease
supervision that the inmate pay restitution in the amount and manner provided in the journal
entry unless the board finds compelling circumstances which would render a plan of
restitution unworkable.

      (o) Whenever the Kansas parole board grants the parole of an inmate, the board, within
10 days of the date of the decision to grant parole, shall give written notice of the decision
to the county or district attorney of the county where the inmate was sentenced.

      (p) When an inmate is to be released on postrelease supervision, the secretary, within
30 days prior to release, shall provide the county or district attorney of the county where
the inmate was sentenced written notice of the release date.

      (q) Inmates shall be released on postrelease supervision upon the termination of the
prison portion of their sentence. Time served while on postrelease supervision will vest.

      (r) An inmate who is allocated regular good time credits as provided in K.S.A. 22-3725
and amendments thereto may receive meritorious good time credits in increments of not
more than 90 days per meritorious act. These credits may be awarded by the secretary of
corrections when an inmate has acted in a heroic or outstanding manner in coming to the
assistance of another person in a life threatening situation, preventing injury or death to a
person, preventing the destruction of property or taking actions which result in a financial
savings to the state.

      (s) The provisions of subsections (d)(1)(A), (d)(1)(B), (d)(1)(C) and (d)(1)(E) shall be
applied retroactively as provided in subsection (t).
      (t) For offenders sentenced prior to the effective date of this act who are eligible for
modification of their postrelease supervision obligation, the department of corrections shall
modify the period of postrelease supervision as provided for by this section for offenders
convicted of severity level 9 and 10 crimes on the sentencing guidelines grid for nondrug
crimes and severity level 4 crimes on the sentencing guidelines grid for drug crimes on or
before September 1, 2000; for offenders convicted of severity level 7 and 8 crimes on the
sentencing guidelines grid for nondrug crimes on or before November 1, 2000; and for
offenders convicted of severity level 5 and 6 crimes on the sentencing guidelines grid for
nondrug crimes and severity level 3 crimes on the sentencing guidelines grid for drug crimes
on or before January 1, 2001.

      Sec.  13. On and after July 1, 2000, K.S.A. 75-52,129 is hereby amended to read as
follows: 75-52,129. (a) The secretary of corrections is hereby authorized to negotiate and
enter into contracts with Kansas cities and counties for the placement of inmates, who are
classified as medium custody or any higher custody or security classification, in facilities
owned and operated by the cities and counties. If the secretary of corrections proposes to
place any inmates classified as medium custody or any higher custody classification for
confinement in facilities other than correctional or other institutions or facilities owned and
operated by the department of corrections or any other state agency, the secretary of
corrections shall give first consideration to entering into contracts with Kansas cities and
counties under this section before attempting to place any such inmate for confinement at
any location outside the state of Kansas if the facilities to be provided under such contracts
are substantially equal to facilities at locations outside the state of Kansas and if arrangements
can be made in a timely manner. Except as provided in subsection (b), the provisions of this
section and any contract or preliminary letter of commitment entered into pursuant to this
section shall not apply to any minimum custody or community custody status inmates, or
any other custody or security classification lower than medium custody, or to any inmate
who may be placed in a work release or prerelease program, center or facility by the secretary
of corrections, who is eligible for parole or who is placed pursuant to the interstate
corrections compact. Contracts entered into pursuant to this section shall not be subject to
competitive bid requirements under K.S.A. 75-3739 and amendments thereto.

      (b) The secretary shall not enter into any contract as provided in subsection (a) with
any city or county of this state for the placement of inmates that does not provide that such
city or county shall provide and maintain appropriate and recognized standards of safety,
health and security.

      Sec.  14. K.S.A. 22-3716 and K.S.A. 1999 Supp. 21-4611 and 22-3717 are hereby
repealed.

      Sec.  15. On and after July 1, 2000, K.S.A. 21-4602, 21-4709 and 75-52,129 and K.S.A.
1999 Supp. 21-4603, 21-4603d, 21-4610, 21-4704, 21-4705 and 21-4720 are hereby
repealed.'';

      And by renumbering section 4 as section 16;

      Also on page 2, in line 10, by striking ``statute book'' and inserting ``Kansas register'';

      On page 1, in the title, in line 9, after ``concerning'' by inserting ``crimes, criminal
procedure and punishment; relating to''; also in line 9, after ``of'' by inserting ``certain''; also
in line 9, by striking ``relating to''; in line 10, by striking all before ``law'' and inserting
``involving''; also in line 10, after ``activities'' by inserting ``; probation and suspension of
sentence, jail confinement; conditional violators, dispositions; postrelease supervision;
placement of inmates; revocation of nonprison sanction for certain offenders; amending
K.S.A. 21-4602, 21-4709, 22-3716 and 75-52,129 and K.S.A. 1999 Supp. 21-4603, 21-4603d,
21-4610, 21-4611, 21-4704, 21-4705, 21-4720 and 22-3717 and repealing the existing
sections''; and the substitute bill be passed as amended.

 Committee on Ways and Means recommends HB 2017, as amended by House
Committee of the Whole, be amended on page 1, after line 14, by inserting the following:

      ``New Section  1. (a) When used in this section, ``surplus real estate'' means real estate
which is no longer needed by the state agency which owns such real estate.

      (b) The secretary of administration shall develop criteria for the identification of surplus
real estate. In accordance with such criteria, the secretary shall assist state agencies in the
identification of surplus real estate.

      The secretary of administration shall develop guidelines for the sale of surplus real estate.
In accordance with such guidelines and upon the written consent of the head of the state
agency which owns such surplus real estate, the secretary may offer such property for sale
by one of the following means: (1) Public auction; (2) by listing the surplus property with a
licensed real estate broker or salesperson; or (3) by sealed bid. Subject to the approval of
the state finance council as required by subsection (c), the secretary of administration may
sell surplus real estate and any improvements thereon on behalf of the state agency which
owns such property.

      (c) Prior to the sale of any surplus real estate under subsection (b), the state finance
council shall approve the sale, which is hereby characterized as a matter of legislative
delegation and subject to the guidelines prescribed in subsection (c) of K.S.A. 75-3711, and
amendments thereto. The matter may be submitted to the state finance council for approval
at any time, including periods of time during which the legislature is in session.

      (d) Prior to offering any real estate for sale, such property shall be appraised pursuant
to K.S.A. 75-3043a, and amendments thereto. The costs of such appraisal may be paid from
the proceeds of the sale.

      (e) Conveyance of title in surplus real estate offered for sale by the secretary of
administration shall be executed on behalf of the state agency by the secretary of
administration. The deed for the conveyance may be by warranty deed or by quitclaim deed
as determined to be in the best interests of the state by the secretary of administration in
consultation with the head of the state agency which owns the surplus real estate.

      (f) Any proceeds from the sale of surplus real estate and any improvements thereon,
after deduction of the expenses of such sale and the cost of the appraisal of the surplus real
estate, shall be deposited in the state treasury and credited to the state general fund unless
otherwise authorized by law.

      The amount of expenses and the cost of appraisal for each sale of surplus real estate
pursuant to this section shall be transferred and credited to the property contingency fund
created under K.S.A. 75-3652, and amendments thereto, and may be expended for any
operations of the department administration.

      (g) Any sale of property by the secretary of transportation pursuant to K.S.A. 68-413,
and amendments thereto, shall not be subject to the provisions of this section.'';

      And by renumbering sections accordingly;

      Also on page 1, in line 20, by striking ``the amount of the cost increase threshold
established under''; in line 21, by striking ``subsection (e)'' and inserting ``$75,000''; by
striking all in line 29; in line 30, by striking all before ``and'' and inserting ``of $75,000'';

      On page 2, by striking all in lines 33 through 43;

      On page 3, by striking all in lines 1 through 17 and inserting in lieu thereof the following:

      ``Sec.  3. K.S.A. 75-3352 is hereby amended to read as follows: 75-3352. (a) Before any
property shall be is sold under the provisions of this act, the real estate described in K.S.A.
75-3351 shall be appraised by three (3) disinterested appraisers acquainted with land values
in the county in which such land is located and appointed as provided in K.S.A. 75-3043a.
Such appraisement, and amendments thereto. The appraisal shall be in writing and filed
with the secretary, and the cost of the appraisement appraisal shall be paid from the
proceeds of the sale.

      Upon the filing of such appraisement appraisal, the secretary of social and rehabilitation
services shall advertise for sealed bids on the real estate described in K.S.A. 75-3351, and
amendments thereto, for not less than three consecutive weeks by publications in a
newspaper of general circulation in Mitchell county, Kansas, and authorized by law to
publish legal notices. Such sale shall be made to the highest responsible bidder whose bid
is submitted within thirty (30) 30 days after the last publication of such notice, except that
said. The secretary may reject any and all bids, and in case. If all bids are rejected, bids may
be called for again as in the first instance. Each bid shall be accompanied by a certified
check in the amount of five percent (5%) 5% of such bid which sum shall be forfeited in
case of default by any bidder whose bid is accepted. In no event shall such Real estate shall
not be sold for less than the appraisement thereof appraisal value.

      Upon acceptance of any such bid, a deed conveying such real estate shall be executed by
the secretary, and duly acknowledged by him or her the secretary before an officer
authorized by law to take acknowledgments. Said The deed shall contain a recital of all
proceedings in compliance with this act, and said. Such recital shall be prima facie evidence
that said the proceedings were had conducted in the manner and form recited. Such deed
shall be approved as to form by the attorney general. When such real estate shall be so is
sold, the proceeds thereof, after deduction of the expenses of such sale and the cost of the
appraisement appraisal of the real estate, shall be paid into the state treasury.

      (b) The provisions of subsection (a) shall not apply to any portion of the real estate
described in K.S.A. 75-3351, and amendments thereto, which is identified as surplus real
estate as provided in section 1, and amendments thereto. Any portion of the real estate which
is identified as surplus real estate may be sold in accordance with section 1, and amendments
thereto.'';

      And by renumbering sections accordingly;

      Also on page 3, in line 18, by striking ``is'' and inserting ``and 75-3352 are'';

      On page 1, in the title, in line 10, by striking ``state building construction; relating to'' and
inserting ``the department of administration; prescribing certain powers, duties and functions
for the secretary of administration; authorizing certain procedures with respect to property
of state agencies relating to certain surplus real estate and''; in line 11, before the semicolon,
by inserting ``for capital improvements of state agencies''; also in line 11, after ``75-1264'' by
inserting ``and 75-3352''; in line 12, by striking ``section'' and inserting ``sections''; and the
bill be passed as amended.

REPORT ON ENROLLED BILLS
 SR 1833 reported correctly enrolled, properly signed and presented to the Secretary of
the Senate on March 30, 2000.

COMMITTEE OF THE WHOLE
 The Senate returned to Committee of the Whole for consideration of bills on the calendar
under the heading of General Orders with Senator Jordan in the chair.

   On motion of Senator Jordan the following report for the afternoon session was adopted.

   Recommended HB 2687 be passed.

 Also, the Committee recommended SB 656 be passed.

 The following amendments to SB 656 were rejected:

 Senator Petty moved to amend SB 656, on page 1, after line 14, by inserting the following:

 ``New Section 1. (a) The governor is hereby authorized and directed to modify the pay
plan adopted for fiscal year 2000 in accordance with this subsection and to adopt such pay
plan as so modified. The existing pay plan for fiscal year 2000 shall be modified to provide
for one additional step at the top of each pay range which is equivalent to a 2.5% step
increase above the amount of step 15 of each pay grade or the equivalent increase for
biweekly payroll periods. The pay plan adopted by the governor under this subsection shall
be the pay plan for the classified service under the Kansas civil service act and shall be
effective on the first day of the first payroll period which is chargeable to the fiscal year
ending June 30, 2001. Such pay plan shall be subject to modification and approval as
provided under K.S.A. 75-2938 and amendments thereto.

 (b) There is hereby appropriated from the state general fund for the state finance council,
for the fiscal year ending June 30, 2001, the sum of $1,402,057 to be used for the purpose
of paying the proportionate share of the cost to the state general fund of the salary increases
which are provided for by adoption fo the pay plan under subsection (a) for state officers
and employees in the classified service under Kansas civil service act.

 (c) To pay the proportionate share of the cost to the state general fund of each state
agency for the salary increases which are provided for by adoption of the pay plan under
subsection (a) for state officers and employees in the classified service under the Kansas
civil service act, upon recommendation of the director of the budget, the state finance
council, acting on this matter which is hereby characterized as a matter of legislative
delegation and subject to the guidelines prescribed in subsection (c) of K.S.A. 75-3711c and
amendments thereto, except paragraph (3) of such subsection (c), is hereby authorized and
directed to approve the transfer of moneys from the appropriation under subsection (b) to
the proper accounts created by state general fund appropriations for the fiscal year ending
June 30, 2001.

 (d) Upon recommendation of the director of the budget, the state finance council, acting
on this matter which is hereby characterized as a matter of legislative delegation and subject
to the guidelines prescribed in subsection (c) of K.S.A. 75-3711c and amendments thereto,
except paragraph (3) of such subsection (c), is hereby authorized to approve increases in
expenditure limitations on special revenue funds and accounts established for the fiscal year
ending June 30, 2001, for the purpose of paying from such funds or accounts the
proportionate share of the cost to such funds or accounts, including associated employer
contributions, of the salary increases which are provided for by adoption of the pay plan
under subsection (a) for state officers and employees in the classified service under the
Kansas civil service act.

 (e) Each state agency of the executive branch of state government shall prepare and
submit a budget estimate for such salary increases, and all amendments and revisions of
such estimates, to the director of the budget on forms prescribed by the director of the
budget. At the same time as each state agency submits such estimate, and all amendments
and revisions thereof, each state agency shall submit a copy of such estimate, and all
amendments and revisions thereof, directly to the legislative research department.

 New Sec. 2.

JUDICIAL BRANCH
 (a) There is appropriated for the above agency from the state general fund for the fiscal
year ending June 30, 2001, the following:

Judiciary operations$119,576'';
 And by renumbering sections accordingly;

 In the title, in line 10, after the semicolon, by inserting: ``providing for the modification
of the pay plan to add an additional step above wage step 15;''

 Upon the showing of five hands a roll call vote was requested.

 On roll call, the vote was: Yeas 13, Nays 27, Present and Passing 0, Absent or Not Voting
0.

 Yeas: Barone, Biggs, Downey, Feleciano, Gilstrap, Gooch, Goodwin, Hensley, Jones, Lee,
Petty, Steineger, Stephens.

 Nays: Becker, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Emert, Hardenburger,
Harrington, Huelskamp, Jordan, Kerr, Langworthy, Lawrence, Morris, Oleen, Praeger,
Pugh, Ranson, Salisbury, Salmans, Steffes, Tyson, Umbarger, Vidricksen, Vratil.

 The motion failed and the amendment was rejected.


EXPLANATION OF VOTE
 Mr. President: I voted no on an amendment to SB 656 which would have provided a
16th step not because it is a good thing that we have over 3000 state employees who are
stuck on step 15. Rather, I voted no because I offered a better plan to deal with this problem
in committee. It would have provided annual movement for those employees on step 15,
not a one time move. It would have enhanced the final average salary of thousands of
employees, thereby providing them a better retirement. Finally, it would have begun to deal
with the very real problem of starting salaries that are too low. I voted no because we can
do this better.--Dave Kerr

   I vote ``no'' on the amendment offered by the Senator from Shawnee, Senator Petty
because:

 1.  It will cost the SGF $1.5 million and reduce the small balance available to address
                    multiple funding issues that have been claimed a high priority for consideration in an
                    omnibus appropriations bills.

 2.  It proposes a one year fix for a pay plan we are told has multiple deficiencies.

 3.  We have begun receiving information on how an alternative pay plan would treat
                    samplings of state employees. When representatives of employee groups who came
                    before the Ways and Means Committee to speak against an alternative see how the
                    proposal enhances pay for both active and retired employees, I think they are going
                    to be sick they rejected an opportunity to benefit the individuals they represent.--
                    Alicia Salisbury

   Senators Donovan and Kerr request the record to show they concur with explanation of
vote offered by Senator Salisbury on SB 656.

   Senator Biggs moved to amend SB 656, on page 7, after line 7, by inserting the following:

 ``New Sec. 16. The secretary of corrections is hereby authorized and directed to pay a
retention incentive bonus to be paid at the end of each quarter of fiscal year 2001 in an
amount equal to .75% of the annualized straight time rate for all uniformed officers in the
corrections officer 1A, corrections officer 1B, corrections officer II and corrections specialist
1 job classes. Within the limits of appropriations therefor, the secretary of corrections may
continue the bonuses authorized by this subsection until the department of corrections no
longer experiences a competitive disadvantage in recruitment and retention of employees
in such job classes for fiscal years commencing on and after June 30, 2001.

 Sec. 17.

DEPARTMENT OF CORRECTIONS
 (a) There is appropriated for the above agency from the state general fund the following:

Retention incentive bonus--SB656$1,500,000'';
 And by renumbering sections accordingly.

 Upon the showing of five hands a roll call vote was requested.

 On roll call, the vote was: Yeas 17, Nays 21, Present and Passing 1, Absent or Not Voting
1.

 Yeas: Barone, Biggs, Clark, Corbin, Downey, Feleciano, Gilstrap, Gooch, Goodwin,
Hensley, Jones, Lee, Oleen, Petty, Pugh, Steineger, Stephens.

 Nays: Becker, Bleeker, Bond, Brownlee, Donovan, Emert, Hardenburger, Huelskamp,
Jordan, Langworthy, Lawrence, Morris, Praeger, Ranson, Salisbury, Salmans, Steffes, Tyson,
Umbarger, Vidricksen, Vratil.

 Present and Passing: Kerr.

 Absent or Not Voting: Harrington.

 The motion failed and the amendment was rejected.


EXPLANATION OF VOTE
 Mr. President: I passed on the vote to provide a one-time bonus to certain correction
officers not because their pay is adequate or that we don't have a hiring problem because
their wages are too low. Both are true. But in a year of scarce resources, when we do not
even have enough money to cure problems with waiting lists among the physically disabled,
the frail and elderly and others in need, how can we give more than a 2.5 percent increase
for our employees? I hope we can adust there salaries upward in the near future.--Dave
Kerr

   HB 2996 be amended by motion of Senator Emert on page 2, following line 42, by
inserting a new section as follows:

      ``Sec.  2. K.S.A. 1999 Supp. 41-719 is hereby amended to read as follows: 41-719. (a)
No person shall drink or consume alcoholic liquor on the public streets, alleys, roads or
highways or inside vehicles while on the public streets, alleys, roads or highways.

      (b) No person shall drink or consume alcoholic liquor on private property except:

      (1) On premises where the sale of liquor by the individual drink is authorized by the
club and drinking establishment act;

      (2) upon private property by a person occupying such property as an owner or lessee
of an owner and by the guests of such person, if no charge is made for the serving or mixing
of any drink or drinks of alcoholic liquor or for any substance mixed with any alcoholic liquor
and if no sale of alcoholic liquor in violation of K.S.A. 41-803, and amendments thereto,
takes place;

      (3) in a lodging room of any hotel, motel or boarding house by the person occupying
such room and by the guests of such person, if no charge is made for the serving or mixing
of any drink or drinks of alcoholic liquor or for any substance mixed with any alcoholic liquor
and if no sale of alcoholic liquor in violation of K.S.A. 41-803, and amendments thereto,
takes place;

      (4) in a private dining room of a hotel, motel or restaurant, if the dining room is rented
or made available on a special occasion to an individual or organization for a private party
and if no sale of alcoholic liquor in violation of K.S.A. 41-803, and amendments thereto,
takes place; or

      (5) on the premises of a microbrewery or farm winery, if authorized by K.S.A. 41-308a
or 41-308b, and amendments thereto.

      (c) No person shall drink or consume alcoholic liquor on public property except:

      (1) On real property leased by a city to others under the provisions of K.S.A. 12-1740
through 12-1749, and amendments thereto, if such real property is actually being used for
hotel or motel purposes or purposes incidental thereto.

      (2) In any state-owned or operated building or structure, and on the surrounding
premises, which is furnished to and occupied by any state officer or employee as a residence.

      (3) On premises licensed as a club or drinking establishment and located on property
owned or operated by an airport authority created pursuant to chapter 27 of the Kansas
Statutes Annotated or established by a city having a population of more than 200,000.

      (4) On the state fair grounds on the day of any race held thereon pursuant to the Kansas
parimutuel racing act.

      (5) On the state fairgrounds, if such liquor is domestic wine or wine imported under
subsection (e) of K.S.A. 41-308a, and amendments thereto, and is consumed only for
purposes of judging competitions.

      (6) In the state historical museum provided for by K.S.A. 76-2036, and amendments
thereto, on the surrounding premises and in any other building on such premises, as
authorized by rules and regulations of the state historical society.

      (7) On the premises of any state-owned historic site under the jurisdiction and
supervision of the state historical society, on the surrounding premises and in any other
building on such premises, as authorized by rules and regulations of the state historical
society.

      (8) In a lake resort within the meaning of K.S.A. 32-867, and amendments thereto, on
state-owned or leased property.

      (9) In the Hiram Price Dillon house or on its surrounding premises, subject to
limitations established in policies adopted by the legislative coordinating council, as provided
by K.S.A. 75-3682, and amendments thereto.

      (10) On the premises of the Kansas national guard regional training center located in
Saline county, and any building on such premises, as authorized by rules and regulations of
the adjutant general and upon approval of the Kansas military board.

      (11) On property exempted from this subsection (c) pursuant to subsection (d), (e), (f),
(g) or, (h) or (i).

      (d) Any city may exempt, by ordinance, from the provisions of subsection (c) specified
property the title of which is vested in such city.

      (e) The board of county commissioners of any county may exempt, by resolution, from
the provisions of subsection (c) specified property the title of which is vested in such county.

      (f) The state board of regents may exempt from the provisions of subsection (c) the
Sternberg museum on the campus of Fort Hays state university, or other specified property
which is under the control of such board and which is not used for classroom instruction,
where alcoholic liquor may be consumed in accordance with policies adopted by such board.

      (g) The board of regents of Washburn university may exempt from the provisions of
subsection (c) the Mulvane art center and the Bradbury Thompson alumni center on the
campus of Washburn university, and other specified property the title of which is vested in
such board and which is not used for classroom instruction, where alcoholic liquor may be
consumed in accordance with policies adopted by such board.

      (h) Any city may exempt, by ordinance, from the provisions of subsection (c) any
national guard armory in which such city has a leasehold interest, if the Kansas military
board consents to the exemption.

      (i) The board of trustees of a community college may exempt from the provisions of
subsection (c) specified property which is under the control of such board and which is not
used for classroom instruction, where alcoholic liquor may be consumed in accordance with
policies adopted by such board.

      (i) (j) Violation of any provision of this section is a misdemeanor punishable by a fine
of not less than $50 or more than $200 or by imprisonment for not more than six months,
or both.'';

      By renumbering sections 2 and 3 as sections 3 and 4, respectively;

      Also on page 2, in line 43, after ``Supp.'', by inserting ``41-719 and''; also in line 43, by
striking ``is'' and inserting ``are'';

      In the title, in line 10, after the semicolon, by inserting ``authorizing boards of trustees
to exempt certain community college property from the prohibition against consumption of
alcoholic liquor on public property;''; also in line 10, after ``Supp.'' by inserting ``41-719
and''; in line 11, by striking ``section'' and inserting ``sections'', HB 2996 be passed as
amended.

   HB 2855 be amended by adoption of the committee amendments, be further amended
by motion of Senator Clark as amended by Senate Committee, on page 10, in line 33, after
the stricken material by inserting ``or that the announcement by an authorized agent on
behalf of any corporation or other association or business entity of a merger, in which the
combined gross sales of such corporations or other associations or business entities involved
exceed $500,000,000, that may have the effect of substantially lessening competition, tending
to create a monopoly, or otherwise violating this act'', and HB 2855 be passed as further
amended.

 SB 653 be amended by adoption of the committee amendments, be further amended by
motion of Senator Kerr as amended by Senate Committee, on page 4, in line 32, by striking
``25%'' and inserting ``9.7%''; also in line 32, by striking ``state general''; in line 33, by striking
``fund'' and inserting: ``state medicaid match fund--department on aging, 15.3% of such
amount shall be transferred to the state medicaid match fund--SRS''; in line 37, by striking
``state general fund'' and inserting: ``following special revenue funds in an amount specified
by appropriation acts of the legislature for each such fund: State medicaid match fund--
department on aging and the state medicaid match fund--SRS'';

      On page 7, after line 29, by inserting the following:

      ``(n)  (1) There is hereby established the state medicaid match fund--department on
aging in the state treasury which shall be administered by the secretary of aging in
accordance with this act. All expenditures from the state medicaid match fund--department
on aging shall be made in accordance with appropriation acts upon warrants of the director
of accounts and reports issued pursuant to vouchers approved by the secretary of aging or
the secretary's designee. Moneys in the state medicaid match fund--department on aging
shall be used to match moneys for federal medicaid programs which are the most cost
efficient in providing services.

      (2) There is hereby established the state medicaid match fund--SRS in the state
treasury which shall be administered by the secretary of social and rehabilitation services in
accordance with this act. All expenditures from the state medicaid match fund--SRS shall
be made in accordance with appropriation acts upon warrants of the director of accounts
and reports issued pursuant to vouchers approved by the secretary of social and
rehabilitation services or the secretary's designee. Moneys in the state medicaid match
fund--SRS shall be used to match moneys for federal medicaid programs which are the
most cost efficient in providing services.''

 Senator Praeger further amended the bill on page 5, line 36, by inserting ``quality in''
following the word improving

 Senator Hensley moved to amend the bill, as amended by Senate Committee, on page 5,
in line 5, by striking ``or''; in line 7, before the period, by inserting: ``, or (5) to provide
financial assistance under the senior pharmacy assistance program, which shall be first
priority for the use of moneys in the senior services fund''

 Upon the showing of five hands a roll call vote was requested.

 On roll call, the vote was: Yeas 13, Nays 27, Present and Passing 0, Absent or Not Voting
0.

 Yeas: Barone, Biggs, Downey, Feleciano, Gilstrap, Gooch, Goodwin, Hensley, Jones, Lee,
Petty, Steineger, Stephens.

 Nays: Becker, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Emert, Hardenburger,
Harrington, Huelskamp, Jordan, Kerr, Langworthy, Lawrence, Morris, Oleen, Praeger,
Pugh, Ranson, Salisbury, Salmans, Steffes, Tyson, Umbarger, Vidricksen, Vratil.

 The motion failed and the amendment was rejected.

 The Committee recommended SB 653 be passed as further amended.

 S Sub for HB 2513 be amended by adoption of the committee report recommending a
substitute bill, be amended by motion of Senator Kerr, on page 5, after line 15, by inserting
the following:

``Roberts building renovation$271,200``
 Senator Salisbury amended S Sub for HB 2513, on page 7, after line 29, by inserting
the following:

``(j) In addition to the other purposes for which expenditures may be made by the above
agency from the state buildings operating fund for fiscal year 2001, expenditures may be
made from such fund relating to an additional sale of Topeka state hospital property to
unified school district 501. In the event that unified school district 501 purchases additional
Topeka state hospital land from the state, such land shall not be subject to local zoning or
building permit requirements so long as it is used for school-related purposes.''

 Senator Hensley amended S Sub for HB 2513, on page 33, preceding line 17, by
inserting the following material to read as follows:

 ``Sec. 27. (a) During the fiscal years ending June 30, 2000, and June 30, 2001,
notwithstanding the provisions of K.S.A. 74-8905 and amendments thereto, no bonds shall
be issued by the Kansas development finance authority for any capital improvement project
for the construction or expansion of any prison or any other correctional facility for the
department of corrections unless such capital improvement project has been approved by
the state finance council pursuant to subsection (b) of K.S.A. 74-8905 and amendments
thereto for the department of corrections for the purposes of subsection (b) of K.S.A. 74-
8905 and amendments thereto and the authorization of the issuance of bonds by the Kansas
development finance authority in accordance with that statute for such capital improvement
project: Provided, That the state finance council shall act on any such matter only after
receiving the recommendation of the joint committee on state building construction
approving such capital improvement project after first advising and consulting with the
department of corrections on such capital improvement project and reviewing the program
statement and the plans for such capital improvement project.

 (b) During the fiscal years ending June 30, 2000, and June 30, 2001, notwithstanding the
provisions of K.S.A. 74-8905 and amendments thereto, the state finance council shall not
approve any capital improvement project for the construction or expansion of any prison or
any other correctional facility for the department of corrections for the purposes of
subsection (b) of K.S.A. 74-8905 and amendments thereto and the authorization of the
issuance of bonds by the Kansas development finance authority in accordance with that
statute for any such capital improvement project, unless the state finance council has first
received the recommendation of the joint committee on state building construction
approving such capital improvement project which was adopted by the joint committee on
state building construction after first advising and consulting with the department of
corrections on such capital improvement project and reviewing the program statement and
the plans for such capital improvement project.'';

 And by renumbering sections accordingly.

 Senator Tyson moved to amend S Sub for HB 2513, on page 27, in line 41, by subtracting
$850,000 from the dollar amount and by adjusting the dollar amount in line 41 accordingly.

 The motion failed and the amendment was rejected.

 Senator Huelskamp moved to amend S Sub for HB 2513, on page 32, after line 20, by
inserting:

      ``(hh) Before the department of wildlife and parks expends any moneys available for
fiscal year 2001 to acquire, rehabilitate or assume management of any wetlands, wildlife
habitat or agricultural lands not currently owned by the department, the department shall
hold, in each county where the property is located, a public hearing on the proposed
acquisition, rehabilitation or assumption of management. At least 21 days before the hearing,
the department shall mail by first class mail to each owner of property adjoining the property
and shall publish in a newspaper of general circulation in the county a notice of the time
and place of the hearing. The notice shall contain a general description of the property and
shall state the proposed use of the property. At the hearing, all interested parties shall be
given reasonable opportunity to present their views regarding the acquisition, rehabilitation
or management of the property and the proposed use of the property. Nothing in this
subsection shall be construed to prohibit expenditures, prior to the hearing required by this
section, to secure a contingency contract or to acquire an option to buy property, pending
completion of the hearing.''

 Upon the showing of five hands a roll call vote was requested.

 On roll call, the vote was: Yeas 18, Nays 21, Present and Passing 0, Absent or Not Voting
1.

 Yeas: Bleeker, Brownlee, Clark, Donovan, Gooch, Hardenburger, Harrington, Hensley,
Huelskamp, Jordan, Kerr, Lee, Morris, Pugh, Ranson, Salmans, Steffes, Tyson.

 Nays: Barone, Becker, Biggs, Bond, Downey, Emert, Feleciano, Gilstrap, Goodwin,
Jones, Langworthy, Lawrence, Oleen, Petty, Praeger, Salisbury, Steineger, Stephens,
Umbarger, Vidricksen, Vratil.

 Absent or Not Voting: Corbin.

 The motion failed and the amendment was rejected.

 The Committee recommended S Sub for HB 2513 as amended by adoption of the
committee amendments, be passed as amended.

  S Sub for HB 2624 be amended by adoption of the committee report recommending
a substitute bill, be amended by motion of Senator Ranson on page 58, after line 7, by
inserting the following:

      ``New Sec.  27. (a) Notwithstanding any provision of law to the contrary, any member
who is a member of the legislature who is also employed by another participating employer
of the Kansas public employees retirement system other than the legislature and is an eligible
employee as defined in K.S.A. 74-4902, and amendments thereto, may retire from service
from such other participating employer and may continue to serve as a member of the
legislature. Such member's retirement benefit shall be based on the final average salary of
such member.

      (b) No such member who is a member of the legislature who retires as provided in
subsection (a) and who continues to serve as a member of the legislature shall accrue any
additional service credit for such service as a member of the legislature or be entitled to
any benefit provided in K.S.A. 74-4916 or 74-4927, and amendments thereto.

      (c) The provisions of this section are intended to further the public policy of encouraging
persons to serve in elective public office by permitting a member of the system, who is a
member through employment with a participating employer in a nonelected position and
who holds an elected office as a member of the legislature and who is also a member of the
system for such elected office, to retire under the system from such nonelected employment
and to continue serving in such elected public office.

      (d) The words and phrases used in this section have the meanings respectively ascribed
thereto by K.S.A. 74-4902, and amendments thereto, unless a different meaning is plainly
required by the context.'';

      And by renumbering sections accordingly

 Senator Ranson further amended S Sub for HB 2624 on page 58, after line 7, by inserting
the following;

      ``New Sec.  28. (a) Notwithstanding any provision of law to the contrary, any member
who is an elected local official of a municipality who is also employed by another
participating employer of the Kansas public employees retirement system other than the
municipality and is an eligible employee as defined in K.S.A. 74-4902, and amendments
thereto, may retire from service from such other participating employer and may continue
to serve as an elected local official.

      (b) No such member who is an elected local official who retires as provided in subsection
(a) and who continues to serve as an elected local official shall accrue any additional service
credit for such service as an elected local official.

      (c) The provisions of this section are intended to further the public policy of encouraging
persons to serve in elective public office by permitting a member of the system, who is a
member through employment with a participating employer in a nonelected position and
who holds an elected office as an elected local official of a municipality and who is also a
member of the system for such elected office, to retire under the system from such
nonelected employment and to continue serving in such elected public office.

      (d) The words and phrases used in this section have the meanings respectively ascribed
thereto by K.S.A. 74-4902, and amendments thereto, unless a different meaning is plainly
required by the context.'';

      And by renumbering sections accordingly

 Senator Kerr amended S Sub for HB 2624 on page 27, in line 28, after ``(2)'' by inserting
``and except as provided in subsection (3)(d)'';

      On page 28, after line 4, by inserting the following:

      ``(d) Notwithstanding the provisions of this section, on and after the effective date of
this act, the board shall waive 75% of any benefit overpayment, attributable to errors in the
calculation of benefits by the system that resulted in such overpayments to any person that
first occurred after and as a result of a statutory increase in benefits passed by the legislature
in 1993, and there is no evidence of fraud or other misconduct on the part of the person
receiving the benefit.''

 Senator Becker amended the bill as amended by Senate Committee of the Whole, by
striking ``subsection (d)'' inserted on page 28 by such Senate Committee of the Whole
amendment, and inserting the following:

      ``(d) Notwithstanding the provisions of this section, on and after the effective date of
this act, the board shall not collect any benefit overpayment, attributable to errors in the
calculation of benefits by the system that resulted in such overpayments to any person that
first occurred after and as a result of a statutory increase in benefits passed by the legislature
in 1993, and there is no evidence of fraud or other misconduct on the part of the person
receiving the benefit.''

 The amendment Senator Petty offered to S Sub for HB 2624 is pending and S Sub for
HB 2624 be passed over and retain a place on the calendar.

FINAL ACTION OF BILLS AND CONCURRENT RESOLUTIONS
 On motion of Senator Emert an emergency was declared by a 2/3 constitutional majority,
and SB 653, 656; S Sub HB 2513; HB 2603, 2687, 2855, 2996 were advanced to Final
Action and roll call.

   SB 653, An act establishing an intergovernmental transfer program; concerning nursing
facilities owned and operated by units of government; relating to the federal medical
assistance (medicaid) program; establishing an intergovernmental transfer fund, an
intergovernmental transfer administration fund, a long-term care loan fund, a senior services
trust fund and a senior services fund within the state treasury; authorizing certain
participation agreements, loans, grants and contracts; amending K.S.A. 75-5321a and
repealing the existing section.

 On roll call, the vote was: Yeas 37, Nays 3, Present and Passing 0, Absent or Not Voting
0.

 Yeas: Barone, Becker, Biggs, Bond, Brownlee, Clark, Corbin, Donovan, Downey, Emert,
Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Hensley, Huelskamp,
Jones, Jordan, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Praeger, Ranson,
Salisbury, Salmans, Steffes, Steineger, Stephens, Umbarger, Vidricksen, Vratil.

 Nays: Bleeker, Pugh, Tyson.

 The bill passed, as amended.


EXPLANATION OF VOTE
 Mr. President: I reluctantly vote YES on SB 653. It is very unfortunate that the majority
party voted in a block against my floor amendment to the bill. This amendment would have
established the senior pharmacy assistance program as the first priority for funding from
the Senior Trust Fund. Their action comes at a time when thousands of senior Kansans are
struggling to pay for the skyrocketing costs of prescription drugs.

 The high cost of prescription drugs is one of the most pressing problems facing senior
Kansans. In fact, Medicare beneficiaries over the age of 65 living on their own spend an
average of nearly $2,500 a year on prescription drugs. By voting against my floor
amendment, the majority party has refused to recognize this fact.

 The majority party refuses to support their own Governor, who earlier this session
proposed that the Senior Trust Fund be created to finance a pharmacy assistance program
for senior Kansans.

 I am voting for this bill because it sets in motion the intergovernmental transfer program
which could bring $100 million in federal funding to Kansas. However, I strongly urge the
majority party to support using part of these funds for helping seniors pay for prescription
drugs.--Anthony Hensley.

   SB 656, An act concerning salaries and compensation for state officers and employees;
amending K.S.A. 1999 Supp. 40-102, 46-137a, 46-137b, 75-3101, 75-3103, 75-3104, 75-
3108, 75-3110 and 75-3111a and repealing the existing sections.

 On roll call, the vote was: Yeas 38, Nays 2, Present and Passing 0, Absent or Not Voting
0.

 Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Downey,
Emert, Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Hensley, Jones,
Jordan, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Praeger, Pugh, Ranson,
Salisbury, Salmans, Steffes, Steineger, Stephens, Umbarger, Vidricksen, Vratil.

 Nays: Huelskamp, Tyson.

 The bill passed.

 S Sub for HB 2513, An act making and concerning appropriations for the fiscal years
ending June 30, 2000, June 30, 2001, and June 30, 2002, for state agencies; authorizing
certain transfers, capital improvement projects and fees, imposing certain restrictions and
limitations, and directing or authorizing certain receipts, disbursements and acts incidental
to the foregoing.

 On roll call, the vote was: Yeas 36, Nays 4, Present and Passing 0, Absent or Not Voting
0.

 Yeas: Barone, Becker, Biggs, Bleeker, Bond, Clark, Corbin, Donovan, Downey, Emert,
Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Hensley, Jones, Jordan,
Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Praeger, Ranson, Salisbury,
Salmans, Steffes, Steineger, Stephens, Umbarger, Vidricksen, Vratil.

 Nays: Brownlee, Huelskamp, Pugh, Tyson.

 The substitute bill passed, as amended.

 HB 2603, An act concerning energy conservation; relating to improvements to state and
municipal facilities; authorizing the financing of such improvements.

 On roll call, the vote was: Yeas 40, Nays 0, Present and Passing 0, Absent or Not Voting
0.

 Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Downey,
Emert, Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Hensley,
Huelskamp, Jones, Jordan, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty,
Praeger, Pugh, Ranson, Salisbury, Salmans, Steffes, Steineger, Stephens, Tyson, Umbarger,
Vidricksen, Vratil.

 The bill passed.

 HB 2687, An act concerning the real estate brokers' and salespersons' license act; relating
to certain prohibited acts; relating to compensation for services; amending K.S.A. 58-3038
and K.S.A. 1999 Supp. 58-3034, 58-3035 and 58-3062 and repealing the existing sections.

 On roll call, the vote was: Yeas 37, Nays 3, Present and Passing 0, Absent or Not Voting
0.

 Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Downey,
Emert, Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Hensley, Jones,
Jordan, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Praeger, Ranson, Salisbury,
Salmans, Steffes, Steineger, Stephens, Umbarger, Vidricksen, Vratil.

 Nays: Huelskamp, Pugh, Tyson.

 The bill passed.

 HB 2855, An act concerning the restraint of trade; amending K.S.A. 50-101, 50-102, 50-
103, 50-108, 50-109, 50-110, 50-112, 50-113, 50-115, 50-117, 50-131, 50-132, 50-133, 50-
136, 50-137, 50-139, 50-148, 50-149, 50-153, 50-157, 75-715 and 75-716 and repealing the
existing sections; also repealing K.S.A. 50-104, 50-105, 50-106, 50-107, 50-114, 50-118, 50-
119, 50-120, 50-121, 50-122, 50-123, 50-124, 50-125, 50-126, 50-127, 50-128, 50-129, 50-
130, 50-134, 50-138, 50-140, 50-141, 50-142, 50-143, 50-144, 50-145, 50-146, 50-150, 50-
151, 50-152, 50-154, 50-155, 50-156, 50-801 and 75-713.

 On roll call, the vote was: Yeas 40, Nays 0, Present and Passing 0, Absent or Not Voting
0.

 Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Downey,
Emert, Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Hensley,
Huelskamp, Jones, Jordan, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty,
Praeger, Pugh, Ranson, Salisbury, Salmans, Steffes, Steineger, Stephens, Tyson, Umbarger,
Vidricksen, Vratil.

 The bill passed, as amended.

 HB 2996, An act concerning community colleges; affecting determination of operating
grants; authorizing boards of trustees to exempt certain community college property from
the prohibition against consumption of alcoholic liquor on public property; amending K.S.A.
1999 Supp. 41-719 and 71-620 and repealing the existing sections.

 On roll call, the vote was: Yeas 40, Nays 0, Present and Passing 0, Absent or Not Voting
0.

 Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Downey,
Emert, Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Hensley,
Huelskamp, Jones, Jordan, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty,
Praeger, Pugh, Ranson, Salisbury, Salmans, Steffes, Steineger, Stephens, Tyson, Umbarger,
Vidricksen, Vratil.

 The bill passed, as amended.

   On motion of Senator Emert the Senate adjourned until 9:00 a.m., Friday, March 31,
2000.

HELEN A. MORELAND, Journal Clerk.

PAT SAVILLE, Secretary of Senate.